Legal — Terms & Conditions
The following Terms and Conditions outline the rules and regulations for use of the Bernard Cap, LLC. Website.
By accessing this Website, you accept these Terms and Conditions in full. Do not continue to use the Bernard Cap, LLC. Website if you do not accept all of the Terms and Conditions stated below.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this Website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the USA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
TERMS AND CONDITIONS CHANGES
Bernard Cap, LLC. reserves the right, at its sole discretion, to change, modify, add these or remove portions of these Terms and Conditions, at any time. You are responsible for checking these Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Bernard Cap, LLC. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
These Terms and Conditions were last modified on 8/1/18.
Unless otherwise stated, Bernard Cap, LLC. and/or it’s licensors own the intellectual property rights for all material on Bernard Cap, LLC. All intellectual property rights are reserved. You may view and/or print pages from the Website for your own personal use subject to restrictions set in these Terms and Conditions.
You must not:
- REPUBLISH MATERIAL.
- SELL, RENT, OR SUB-LICENSE MATERIAL.
- REPRODUCE, DUPLICATE, OR COPY MATERIAL.
- REDISTRIBUTE CONTENT FROM BERNARD CAP, LLC. (UNLESS CONTENT IS SPECIFICALLY MADE FOR REDISTRIBUTION).
Certain parts of this Website may offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the Website. Bernard Cap, LLC. does not screen, edit, publish, or review Comments prior to their appearance on the Website and Comments do not reflect the views or opinions of Bernard Cap, LLC., its agents, or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Bernard Cap, LLC. Shall not be responsible or liable for the Comments or for any loss cost, liability, damages, or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this
Bernard Cap, LLC. reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
- YOU ARE ENTITLED TO POST THE COMMENTS ON OUR WEBSITE AND HAVE ALL NECESSARY LICENSES AND CONSENTS TO DO SO.
- 2THE COMMENTS DO NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHT, INCLUDING WITHOUT LIMITATION COPYRIGHT, PATENT OR TRADEMARK, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY.
- THE COMMENTS DO NOT CONTAIN ANY DEFAMATORY, LIBELOUS, OFFENSIVE, INDECENT, OR OTHERWISE UNLAWFUL MATERIAL OR WHICH IS AN INVASION OF PRIVACY.
- THE COMMENTS WILL NOT BE USED TO SOLICIT OR PROMOTE BUSINESS OR CUSTOM OR PRESENT COMMERCIAL ACTIVITIES OR UNLAWFUL ACTIVITY.
- YOU HEREBY GRANT TO BERNARD CAP, LLC. A NON-EXCLUSIVE ROYALTY-FREE LICENSE TO USE, REPRODUCE, EDIT AND AUTHORIZE OTHERS TO USE, REPRODUCE, AND EDIT ANY OF YOUR COMMENTS IN ANY AND ALL FORMS, FORMATS, OR MEDIA.
DISCLAIMER OF WARRANTIES
BERNARD CAP, LLC., AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES PROVIDE THE BERNARD CAP, LLC. WEBSITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BERNARD CAP, LLC. AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE BERNARD CAP, LLC. WEBSITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE BERNARD CAP, LLC. WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BERNARD CAP, LLC. WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BERNARD CAP, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BERNARD CAP, LLC. DOES NOT WARRANT THAT ANY BERNARD CAP, LLC. WEBSITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BERNARD CAP, LLC., OR ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF ANY BERNARD CAP, LLC. WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE A BERNARD CAP, LLC. WEBSITE, ANY CHANGES TO OR INACCESSIBILITY OF A BERNARD CAP, LLC. WEBSITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH A BERNARD CAP, LLC. WEBSITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH A BERNARD CAP, LLC. WEBSITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
You agree to indemnify, hold harmless, and defend Bernard Cap, LLC., its parents, subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, contractors, service providers and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of a Bernard Cap, LLC. Website, including any data or work transmitted or received by you; and (iii) any prohibited use of a Bernard Cap, LLC. Website.
This Agreement is effective upon your acceptance in the form of any use of the Website and shall continue in full force until terminated. Bernard Cap, LLC. reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of any Bernard Cap, LLC. Website; (ii) suspend your access to or use of all or any portion of any Bernard Cap, LLC. Website; and (iii) terminate this Agreement.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
This Agreement is made in and shall be governed and construed by the laws of the State of Florida, United States of America, without reference to conflicts of laws. If you access a Bernard Cap, LLC. Website from locations outside Florida or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Florida, United States of America, and you are solely responsible for compliance with all your local laws. Access to any Bernard Cap, LLC. Website from locations where such Website’s contents may be unlawful is prohibited.
All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Miami-Dade County, Florida. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Miami-Dade County, Florida. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Miami-Dade County, Florida and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Miami-Dade County, Florida.
The appearance of U.S. Department of Defense (DoD) visual information and that of any and all branches of the U.S. military or other entities does not imply or constitute endorsement.
Furthermore, the appearance of photos and other graphic images featuring governmental or military personnel or service members does not imply or constitute endorsement. Use of such assets are intended to be utilized as a demonstrative reference for visitors of the Website to identify certain standardized, authentic, and approved apparel, accessories, and other goods.
WEBSITE ACCESSIBILITY NOTICE
Bernard Cap, LLC. is committed to providing a Website that is accessible to the widest audience possible, including individuals with disabilities, by complying with the requirements of Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act.
We are constantly working to increase the accessibility and usability of our Website and in doing so adhere to the latest universal standards set forth by the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.0. Our Website endeavors to conform to level Double-A of W3C WAI’s Web Content Accessibility Guidelines 2.0, which serve to outline how web content should be presented to ensure adequate accessibility for individuals with disabilities. It is our hope that our continued efforts and compliance with these guidelines results in an optimal online experience for all Website visitors.
The Bernard Cap, LLC. Website has been built using code compliant with W3C standards for HTML and CSS. The site displays correctly in current browsers and is built to be functional on any future browsers as well. All web pages use structured semantic markup with CSS that has been validated.
While we do aim to meet all the accepted standards for accessibility and usability, it may not be possible to do so for every area of the Website. However, our team is ready to assist you and accommodate your needs.
Note: If you experience any difficulty in accessing content on the Bernard Cap, LLC. Website for any reason or due to a disability specifically, please contact us at firstname.lastname@example.org. Be sure to include the following in your email:
◦ Full Name
◦ Phone Number
◦ Email Address
◦ Specific Web Address / URL(s): Note web page(s) that you are having issues accessing.
◦ Description: Provide brief summary of what accessibility issues you are experiencing, whether you are using any assistive technology to access the web page, and any other notes or suggestions you may have so that we can better serve you.
Upon receipt, a company representative will contact you as soon as possible to address your issue and notify you once a solution can be provided.
This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.