Last Updated: 8.20.2020
BY ACCESSING OR USING THE SITE, YOU ACCEPT ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR OUR PRIVACY STATEMENT, THEN YOU MAY NOT ACCESS OR USE THE SITE.
1. Use of the Site. Except as expressly permitted under these Terms, the Site is for your personal, non-commercial and lawful use only and you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Site or any content, information, software, products or services obtained from the Site, for any commercial purpose or enterprise. You may not use the Site, or any content within the Site, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes the rights of Bernhardt Furniture or other individuals or entities. Subject to your compliance with these Terms, you may access the Site and display and use the content made available via the Site. Subject to these Terms, we may permit you to download certain content made available on the Site. If you make any other use of the Site, except as otherwise permitted under these Terms, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
2. Prohibited Uses. You may not (a) decompile, disassemble, or reverse engineer the Site or any portion thereof; (b) attempt to gain unauthorized access to the Site, any portion thereof, including content accessible via the Site, or any other system or platform through the Site; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any content on the Site; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Site to its source. You agree that you will not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not use the Site to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation.
3. Intellectual Property. You acknowledge and agree that the Site is provided under limited license and access rights and not sold to you. You do not acquire any ownership interest in the Site under these Terms, or any other rights thereto other than to use the Site in accordance with the limited license and rights granted in these Terms, and subject to all terms, conditions, and restrictions, under these Terms. The Site and all content and materials on the Site, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Site, trademarks and logos, audio and video clips, are owned by, or licensed to, us. We and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Site, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (a) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site or any content posted to the Site, including any copy thereof; or (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time. High resolution product images are available for download on the Site.
Bernhardt Design + PLANK
The Site references Bernhardt Design + PLANK, a trademark under which furniture produced by Plank Srl (Italy) is distributed by Bernhardt Design in the US and Canada. Bernhardt Design is a division of Bernhardt Furniture Company (NC Corporation), 1839 Morganton Blvd., Lenoir, NC 28635.
Worldwide Copyrights and Design Patents
All of the products shown on the Site and/or described in price lists are, and will remain, the property of Bernhardt Furniture Company and Plank Srl with the sole right reserved to distribute.
The product designs depicted on the Site may be protected under copyright law and by design patents in the EU. Some of the specifications, images, renderings and other descriptions on the Site are copyrighted and will remain the property of Bernhardt Furniture Company and Plank Srl. Reproduction of such products, specifications, images, renderings and other descriptions may constitute an infringement of design patents and/or copyrights and may be subject to prosecution.
All content on the Site (images, drawings 2D, 3D and any other material) is protected by the law on copyright and intellectual property rights. All rights are reserved. The name and EU-trademark Plank is owned by Plank Srl. The trademark Bernhardt Design + PLANK is owned for the US and Canada by Bernhardt Furniture Company (NC Corporation), 1839 Morganton Blvd., Lenoir, North Carolina 28645. Any reproduction, copy or printing of any of the content without the prior written authorization of Plank and/or Bernhardt Furniture Company, is strictly prohibited.
4. Reliance on Information Posted. The content of the Site is provided solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We may update the content of the Site from time-to-time, but the content is not necessarily complete or up-to-date. Any material on the Site may be out of date at any given time, and we are under no obligation to update such material.
5. Links from the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The Site may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Site or cause limited portions of content on the Site to be displayed or appear on your own or certain third-party website. You may use such social media features as they are provided by us and solely with respect to the content they are displayed with and at all times in accordance with the terms and conditions of the social media platform.
6. Termination; Suspension. You may stop using the Site at any time. You may terminate these Terms at any time by stopping use of or access to the Site. We may bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including, but not limited to, a breach of these Terms or our Privacy Statement. All provisions of these Terms which by their nature should survive termination shall survive, including, but not limited to, IP ownership, warranty disclaimers, indemnity and limitations of liability.
7. Feedback. We welcome your feedback, testimonials, comments, ideas and reviews about the Site (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, (a) such Feedback shall be deemed to be non-confidential, and (b) you hereby grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.
8. WARRANTY DISCLAIMERS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PHOTOGRAPHS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PROTECTED ENTITIES DO NOT WARRANT THAT (A) THE SITE AND SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE. THIS SECTION DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SITE, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE AND ACCESS OF THE SITE, BY YOU OR ANY PERSON USING YOUR ACCOUNT, AS THE CASE MAY BE; (B) BREACH OF THESE TERMS BY YOU; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU; AND (D) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SITE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU.
10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE FOR: (A) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDRED DOLLARS (USD $100.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SITE AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. THIS SECTION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Governing Law and Venue. These Terms and the relationship between you and us will be governed and construed in accordance with the laws of the State of North Carolina, without regard to conflict-of-laws principles. You and Bernhardt Furniture irrevocably consent to submit to the personal jurisdiction and venue of the courts of Catawba County, North Carolina.
12. Entire Agreement; Severability; No Waiver; Assignment. These Terms, together with our Privacy Statement, each as may be amended from time to time, constitute the entire agreement between you and us regarding the Site. Neither the course of conduct between us nor trade practice shall act to modify these Terms. If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.
13. Electronic Communications. The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.
14. Changes. These Terms may change from time to time, effective from the date mentioned in the updated version of these Terms. Please check the Site periodically to review such changes in these Terms. You continued use of the Site following posting of any updates to these Terms will constitute your acceptance of such changes.
15. Copyright. If you believe your copyright or other intellectual property right has been violated by content accessible via the Site, please contact us.
16. Contact Us. If you have any questions about these Terms or the Site, please feel free to contact us.