The use of the Web site (the “Web Site”) is subject to the terms and conditions stated herein. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using particular Bernie’s Automotive’s services, you will be subject to any guidelines or rules applicable to such services which may be posted from time to time.
Ownership of Copyrights/Usage Restrictions
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Bernie’s Automotive. The entire contents of this Web Site are protected by United States’ and worldwide copyright laws and treaty provisions. In accordance with these terms, except as stated above, you and other Web Site users may not: Copy, reproduce, modify, use, republish, upload, post, transmit or distribute in any way material from the Web Site. Copy, modify or display Bernie’s Automotive’s trademarks, names or logos appearing on this Web Site in any way without Bernie’s Automotive Services ‘s express written consent. Redeliver any of the pages, text, images or other content of this Web Site using “framing” technology without Bernie’s Automotive’s express written permission.
Disclaimer: No Warranty
The factual information contained in this Web Site is obtained from sources believed to be reliable and accurate. Bernie’s Automotive makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and is not responsible for any errors or omissions therein, whether caused by the source of the information or Bernie’s Automotive. All factual and other information, including any opinions, accessible through the Web Site are provided on an “AS IS, AS AVAILABLE” basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. Bernie’s Automotive is not responsible in any way for any loss that results from the use of the factual information, including but not limited to any lost profits or direct, indirect, special, consequential, compensatory or incidental damage. No advice or information, whether oral or written, obtained by you from Bernie’s Automotive or through or from this Web Site shall create any warranty.
Limitation of Liability
You expressly understand and agree that Bernie’s Automotive will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bernie’s Automotive has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the Web Site.
You may, through hypertext or other computer links, gain access to third parties sites and software programs through the World Wide Web which are not related to, endorsed or maintained by Bernie’s Automotive. Links to third party sites or software do not imply partnerships, relationships or affiliations or endorsements of such third parties and Bernie’s Automotive takes no responsibility for the content therein, regardless of whether the link is provided by Bernie’s Automotive or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, functionality or suitability of the content of any Web site or software to which the Web Site may link, including information on such other Web site regarding Bernie’s Automotive. By providing access to other Web sites, Bernie’s Automotive is not endorsing the products and services provided by any Web site’s sponsoring organization.
Other Web sites may include a link to this Web Site; provided such sites link to the home page (www.BerniesAutomotive.com) only. Linking to other content within the Web Site is prohibited without Bernie’s Automotive’s express written consent.This limited license expressly prohibits the framing of Bernie’s Automotive’s content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. Your correspondence or business dealings with, or participation in promotions of, any of the companies found throughout the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such company. The inclusion of photographs of some of our customers does not imply any endorsement of or by such company.
While we value your feedback on our Web Site and services, we request that you be specific in your comments on those services and not submit any ideas, suggestions, materials, concepts or other information (collectively referred to herein as “Non-Solicited Information”). If, despite our request, you send us any such Non-Solicited Information, all such Non-Solicited Information shall be deemed, and shall remain, the property of Bernie’s Automotive and none of the Non-Solicited Information shall be subject to any obligation of confidence on our part and we shall not be liable for disclosure of any Information and shall have unrestricted use of such Information for any purpose whatsoever, commercial or otherwise, without compensation or liability to you or other provider of the Non-Solicited Information.
Representations Related to Resumes
By submitting a resume to Bernie’s Automotive, you represent that you are seeking employment and career information from Bernie’s Automotive, who is an equal opportunity employer. You agree not to use the Web Site to post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume. You acknowledge that Bernie’s Automotive may distribute your resume within the company and may contact any references listed by you. No representation is given by Bernie’s Automotive that any resume will be reviewed within a definitive period of time or that any action will be taken with respect to such resumes.
Operation of the Web Site
Bernie’s Automotive will use reasonable commercial efforts to keep this Web Site available for access on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Bernie’s Automotive does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.
Web Site Security
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or © attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Bernie’s Automotive will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Amendments and Modifications
Bernie’s Automotive Services reserves the right to amend the information, services, and/or content of this Web Site, including that related to career opportunities and benefits, at any time without prior notice. The information and materials contained in this Web Site, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes. If you use this Web Site after we post changes to the terms, you accept the changed terms. Bernie’s Automotive expressly reserves the right to monitor any and all use of this Web Site.
Bernie’s Automotive is a trademark or service mark of Bernie’s Automotive, and may not be copied, used or displayed without the prior written consent of Bernie’s Automotive. The trademarks or services marks of Bernie’s Automotive customer companies that appear on this Web Site are the property of those associated companies, and may not be copied, used or displayed without the prior written consent of those associated companies.
Information Bernie’s Automotive Gathers and Tracks
Because we gather information about the customers of Bernie’s Automotive, we feel you should fully understand the terms and conditions surrounding the capture and use of that information.
The Web Site gathers two types of information about users: 1) Data that users provide through optional, voluntary registration on several of our sites, and 2) Aggregated tracking information derived mainly by tallying page views throughout our sites. Such information enables us to better tailor our content to readers’ needs and help us advertise and better understand the demographics of our audience/customers.
The Web Site does not provide this information to any other third parties under any circumstances.
Electronic Newsletters, Specials & Service Reminders
The Web Site may offer free electronic newsletters, specials and service reminders to users/customers. The Web Site gathers the e-mail addresses of users/customers who voluntarily subscribe. Customers may remove themselves from any mailing list by following the instructions contained in every newsletter, special and service reminder.
The Web Site occasionally conducts customer surveys to better target our content and services to our customers.
The Web Site may offer contests in which we request certain personal information. These contests are conducted in full accordance with United States federal and state laws. The full rules and all information about such contests are clearly posted during such events. Information gathered is used only to verify user identity and to contact winners and/or prize recipients, except when specifically noted otherwise. Again, we do not share information about specific individuals with any third party.
The Web Site tracks user traffic patterns throughout www.BerniesAutomotive.com and this information is correlated with data about overall users. Overall usage statistics, according to a user’s domain name, browser type and MIME type gotten by reading this information from the browser string (information contained in every user’s browser), are also broken down. The Web Site also tracks and catalogs the search terms that customers enter into our search tools, but this tracking is never associated with individual users.
Use of the Information
The Web Site uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
As stated above, Bernie’s Automotive uses information that users voluntarily provide in order to send out electronic newsletters, specials or service notifications. We send out electronic newsletters, specials or service notifications to subscribers on a regular schedule (monthly, weekly, or depending on the electronic newsletters, specials or service notifications) and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. Bernie’s Automotive never shares newsletter mailing lists with any third parties, including advertisers or partners.
We use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. Bernie’s Automotive does not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. Bernie’s Automotive uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience demographics. We do not share information about individual users with any third party, with the exceptions noted previously.
The Web Site gives users options wherever necessary and practical, such choices include:
Opting not to receive our electronic newsletters, specials or service notifications when registering for an appointment.
Opting not to participate in certain interactive areas, which completely alleviate the need for any information from our users.
Users may unsubscribe to any of our electronic newsletters, specials or service notifications at any time by following the instructions contained at the end of each newsletter, special or services notification.