Terms and conditions of use

Welcome to DBernardGivesBack.com. This website is owned and provided by D Bernard Gives Back (“D Bernard”).  Throughout the site, the terms “we”, “us” and “our” refer to D Bernard.  All services provided by D Bernard through this website, including the sale of any products, are provided subject to the following terms and conditions. IF YOU VISIT OR SHOP DBERNARDGIVESBACK.COM YOU ACCEPT THESE TERMS AND CONDITIONS including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.

Please read the following terms and conditions carefully before using this website. In the event of a violation of any of these terms and conditions, D Bernard reserves the right to deny future access to the website and to seek all remedies.  If you do not agree to these terms and conditions, please do not use this website.

Privacy and Security

Please review our Privacy and Security Policy, which also governs your visit to DBernardGivesBack.com, to understand how we use and protect any information that you may give us when you use DBernardGivesBack.com.

Copyrights

The entire content included in this website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is copyrighted as a collective work under United States and international copyright laws, and is the property of D Bernard. The collective work includes works that are licensed to D Bernard. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized in writing by D Bernard.

Warranty Disclaimer

D Bernard is not liable for any damages of any kind related to your use of this website.  THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, D Bernard DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. D Bernard DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D Bernard DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

D Bernard, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF D Bernard HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

General Customer Policies

For return policies, shipping times and frequently asked questions, please see the FAQ on the website.

Product Pricing Information

The prices displayed on our site may differ from prices that are available elsewhere online or in stores. These prices are subject to change without notice.

Typographical Errors

From time to time there may be information within this site, on content pages or regarding products/prices that contain errors, inaccuracies, or omissions. If you are aware of inaccuracies on this site, we will gladly accept corrections. In the event that a D Bernard product is mistakenly listed at an incorrect price, D Bernard reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. D Bernard reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, D Bernard shall issue a credit to your credit card account in the amount of the incorrect price.  Furthermore, D Bernard reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

Termination of Terms and Conditions

These terms and conditions, or any part of them, may be terminated by D Bernard without notice at any time, for any reason. The provisions relating to Copyrights, Warranty Disclaimer, Limitation of Liability, Applicable Law and Indemnification, shall survive any termination.

Notice

D Bernard may deliver notice to you by e-mail, a general notice on the website, or by other reliable method to the address you have provided to D Bernard.

Use of Website

Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a D Bernard or other licensed employee, host, or representative, as well as other members or visitors on this website is prohibited. You may not upload to, distribute, or otherwise publish through this website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this website or use this website to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

D Bernard does not and cannot review all communications and materials posted to or created by users accessing this website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing us with the ability to view and distribute user-generated content on this website, D Bernard is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on this website. However, D Bernard reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to D Bernard at its discretion.

Comments

We welcome comments about our products and features. Any comments may be used in our blog or elsewhere to promote products. D Bernard is entitled to use or disclose any material you submit to our website, without compensating you in any way (except personal financial information collected routinely through order placement, see Privacy Policy). As a result, we ask that you not send us material if you do not wish it to be shared or used in this manner. You may not upload commercial content on the site or use the site to solicit others.

Applicable Law

This website is created, controlled and maintained by D Bernard in the State of California. Accordingly, the laws of the State of California shall in all events govern any disputes relating to this website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. D Bernard makes no representations as to the compliance of this website or its terms and conditions with any applicable law. If you choose to access this website from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws. You may not use this website in violation of United States export laws. By using this website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of California and agree that it shall serve as the sole and exclusive venue for any disputes relating to this website. Any claim or cause of action brought by you with respect to matters related to this website, including these terms and conditions, must be brought in a state or federal court located in the State of California and must be commenced no later than one year after the claim arises. If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement as to matters relating to this website.

Indemnification

You agree to indemnify, defend, and hold harmless D Bernard, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to you or any other person accessing this website.

Third-Party Links

In an attempt to provide increased value to our visitors, D Bernard may link to sites operated by third parties. However, even if the third party is affiliated with D Bernard, D Bernard has no control over these linked sites, all of which have separate privacy and data collection practices, independent of D Bernard. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, D Bernard seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Discontinued Product

If any product is discontinued for any reason, D Bernard reserves the right to not issue rainchecks, backorders or credits to customers. If at time of order product is sold out, customer will either receive a credit or replacement on an order by order basis. 

Contest Eligibility

In order for us to be able to reliably track prizes as they are sent to winners, contestants MUST reside in the United States.  Contestants must be 18 as of their date of contest entry to participate. By entering any D Bernard contest or promotion, contestants are stating that they are 18 years or older as of that date. Any contestants discovered to be underage will be automatically disqualified.

These Terms and Conditions were last updated on: May 2nd, 2014.