Bernhard Tile Web Site Terms of Use Policy

Bernhard Tile (herein collectively, "Bernhard Tile," "we," "us." and "our" provide you with access to our website, www.BernhardTile.com (hereinafter the "Web Site"), subject to the following Terms of Use. Bernhard Tile reserves the right to change these Terms of Use at any time. Your use of the Web Site confirms your unconditional agreement to and acceptance of the then current Terms of Use in their entirety. If you do not accept these Terms of Use, please do not use the Web Site.
OWNERSHIP
Unless otherwise noted, all content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, is the exclusive intellectual property of Bernhard Tile, 1965 Post Road, Suite 300, New Braunfels, TX 78130, and protected by U.S. and international copyright laws. Any software used on this site is the property of Bernhard Tile or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited. Bernhard Tile’s intellectual property may not be used in connection with any product or service that does not belong to Bernhard Tile, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bernhard Tile. Other trademarks, trade names, and service marks used or included in this Web Site are registered or unregistered trademarks, trade names, or service marks owned by other owners and used by Bernhard Tile with its permission. Nothing contained herein or on the Web Site grants any license or right to use any trademarks, trade names, service marks, or logos displayed on the Website without written permission of Bernhard Tile or the third-party owner.
DISCLAIMER OF CURRENCY, ACCURACY, COMPLETENESS, OR QUALITY
Bernhard Tile makes no guarantee or warranty, express or implied, as to the currency, accuracy, or quality of information published and/or archived on this Web Site, nor will Bernhard Tile accept any responsibility for other organizations, businesses, and private persons that provide information on the Web Site. All information on this Web Site regarding products and services provided by Bernhard Tile is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but Bernhard Tile is not responsible for misprints, out-of-date information, or errors. Bernhard Tile reserves the right to make changes or improvements at any time.
DISCLAIMER; LIMITATION OF LIABILITY
The Content included in the Web Site has been compiled from a variety of sources, and it is subject to change without notice, as are any products, programs, offerings, or technical information described in the Web Site. Bernhard Tile makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web Site or Content, or the suitability, functionality, or operation of the Web Site or its Content. The Web Site and the materials and information provided thereon are provided “as is.” Bernhard Tile disclaims any duty to update or revise any content on the Web Site, although it may modify content at any time without prior notice. By using the Web Site, you assume the risk that the Content on the Web Site may be inaccurate, incomplete, or may not meet your needs and requirements. BERNHARD TILE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE WEB SITE AND CONTENT. IN NO EVENT SHALL BERNHARD TILE, ITS AGENTS, OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR COMPUTER SYSTEM, INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF BERNHARD TILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO REPSPONSIBLITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, US OF, OR BROWSING THE WEB SITE OR YOUR DOWNLOADING OF ANY CONTENT AND INFORMATION FROM THE WEB SITE.
AVAILABILITY; PRODUCT INFORMATION; PRICING
Some of the products listed on the Web Site may only be available in limited quantities and may not be available after all stock of an item is sold. When an item is no longer available, we take reasonable steps to remove that item from the website in a timely manner. Many products listed on the Web Site are also available in Bernhard Tile’s retail stores, but certain items listed on the Web Site may not be available in all of Bernhard Tile’s retail stores. Further, certain promotional prices listed on the Web Site are internet-only specials and do not reflect the prices at Bernhard Tile’s retail stores.

 
You understand and agree that stone is a natural product subject to variations in size, color, shade, veining, texture, and polish. These variations are what make natural stone unique. Displays on the Web Site are intended to convey the characteristics of a certain type of stone, but variations will occur. You understand that the product’s conformity to a display is not assured.

 
We reserve the right to refuse, limit, or cancel any order placed on the Web Site. These restrictions may include orders placed by or under the same customer account or the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our own sole discretion, to be placed by installers, dealers, resellers, or distributors. If we refuse, limit, or cancel an order, we will attempt to notify you, through electronic mail, U.S. mail, telephone communication, or otherwise, using contact information provided by you.

 
In the event that any product is listed with an incorrect price due to any error, Bernhard Tile shall have the right to cancel any orders placed for any incorrectly priced items. Bernhard Tile shall have the right to cancel any such orders regardless of whether a credit card has been charged. If a credit card has already been charged for any such purchase and that order is cancelled, Bernhard Tile will issue a credit to the credit card account.

 
You understand and agree that you are solely responsible for maintaining the confidentiality of any passwords associated with your use of the Web Site. You agree that you are responsible for any purchases made under your account. If you become aware of any unauthorized use of your account, you must immediately notify Bernhard Tile Customer Service.
LINKING TO THE WEB SITE
If you wish to link another website to our Web Site, you must inform us at ContactUs@BernhardTile.com. We reserve the right to prohibit any such links. Running the Web Site or any information from the Web Site in frames or similar means without the written permission of Bernhard Tile is strictly prohibited. Any permitted links to the Web Site must comply with all applicable law, rules, regulations and policies of Bernhard Tile.
THIRD-PARTY LINKS
Certain links on the Web Site lead to resources located on servers that are not maintained by Bernhard Tile and are not under the control of Bernhard Tile. Bernhard Tile is not responsible for the contents of any such referenced web sites or for the availability of access to such web sites. If you decide to use these links, you do so at your own risk.
PRIVACY POLICY
Your submission of personal information through the Web Site is governed by The Web Site’s Privacy Policy, available at http://www.BernhardTile.com/PrivacyPolicy.html. The terms of that Privacy Policy are incorporated by reference herein.
USER INFORMATION
Other than personally identifiable information subject to Web Site’s Privacy Policy, any information, suggestions, ideas, concepts, know-how, techniques, or other communication you post or transmit to the Web Site in any manner ("User Communication") are and will be considered non-confidential and non-proprietary. Therefore, do not transmit to the Web Site any information, suggestions, ideas, concepts, know-how, techniques, or other communication you wish to be kept confidential or for which you expect or wish to receive acknowledgement, attribution, or compensation of any kind. You hereby grant us royalty-free, irrevocable, worldwide license to use, reproduce, copy, transmit, distribute, and prepare derivative works based upon any User Communication in any and all media for any and all commercial and non-commercial purposes without the need for acknowledgement, attribution, or compensation. You warrant to us that you are legally entitled to transmit User Communications to the Web Site and have all necessary permissions, licenses, and consents from any necessary third-parties. We may, but are not required to monitor or review any User Communications; however, we have no obligation to use, return, review, or respond to any User Communications. We have absolutely no liability related to any User Communications, including, but not limited, to any liability arising out of intellectual property laws, defamation laws, privacy laws, obscenity laws, or otherwise. We reserve the right to remove any or all User Communications in our sole and absolute discretion.
PROHIBITED USE
Your use of the Web Site is conditioned on your agreement not to use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You are prohibited from and agree that you will not post, send, submit, publish, or transmit in connection with the Web Site any material that: (i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity); (ii) advocates illegal activity or discusses an intent to commit an illegal act; (iii) is vulgar, obscene, pornographic, or indecent; (iv) does not pertain directly to the Web Site; (v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent; (viii) violates any law or may be considered to violate any law; (ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded; (xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Web Site; (xii) solicits funds, advertisers or sponsors; (xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; (xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; (xv) includes MP3 or similar format files or video; (xvi) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys; (xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or (xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
NO ENDORSEMENT
The inclusion on this Web Site of any link to another Web Site, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by Bernhard Tile.
INDEMNIFICATION.
You agree to indemnify and hold Bernhard Tile, its officers, directors, employees, representatives, shareholders, affiliated entities, agents, successors, and assigns harmless from and against any loss, damage, or expense (including reasonable attorney fees and legal expenses) incurred in connection with any third-party claim, demand, or action arising from or in connection with your breach of these Terms of Use.
CHOICE OF LAW; JURISDICTION
These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, of the United States of America, without giving effect to any principles of conflicts of laws. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or related to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any claims, legal proceeding or litigation arising in connection with these Terms of Use of the use of the Web Site will be brought solely in the Texas District Court, Comal County, Texas, and you consent to the jurisdiction of such court.