Terms and Conditions of Use for Bernard Web site agreement at www.bernardbpo.com.

This agreement is between you, the user of the Bernard Web Site and Bernard. This agreement sets forth the terms and conditions governing your use of Bernard’s Web Site, currently at www.bernardbpo.com (the “Site”) and your use of Bernard’s systems and services, and is in addition to any executed agreements you may have with Bernard.

By accessing the site or using the services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Bernard may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Bernard, in its sole discretion, may also add, delete or change some or all of the features of the site or Bernard’s services at any time. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Company reserves the right to constitute different classes of users of the site, granting access to certain areas of the site only to certain users, e.g. corporate users and individual users may have access to different areas of the site.

User Eligibility: Bernard’s services and this site are available only to individuals who are eighteen (18) years of age or older. This site and the services are available only to individuals or businesses that can form legally binding contracts under applicable law.

Intellectual Property and Submissions: The materials, data and other information used and displayed on the site or available through Bernard ‘s services are the property of Bernard or its licensors and are protected by copyright, trademark and other laws both in the United States and in other countries. Bernard and its logo are a registered trademark of Bernard in the United States and other countries. Other marks which appear on this Web site may be marks of third parties that are not affiliated with Bernard. Bernard and its affiliates do not control or endorse the content of third party Web sites. You agree not to change or delete any proprietary notices from materials downloaded from the site.

The entire contents of the site, including the selection, coordination, arrangement and enhancement of the content, are copyrighted under the United States copyright laws by Bernard, Inc. The content provided on the site may be displayed, printed and downloaded from the different areas of the site solely for your own personal, internal and non-commercial use. Except as allowed in the previous sentence, you agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate any such material without the prior written consent of Bernard or the appropriate licensor.

Privacy Policy: Bernard will only use information you provide Bernard in accordance with its then current Privacy Policy, which is incorporated herein by reference.

No Warranty: Bernard provides the site and its services “As Is” and without any warranty or condition, express or implied. To the full extent permissible under applicable law, company specifically disclaims the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Company does not guarantee continuous, uninterrupted or secure access to its services, and operation of Bernard’s site may be interfered with by numerous factors outside its control, including, but not limited to telecommunications network disruptions. Nor does Bernard guarantee the accuracy, timeliness or completeness of any information on its site or the results of your use of Bernard’s Site.

Limitation of Liability: In no event will Bernard or its licensors be liable for (I) any incidental, consequential, special or indirect damages, including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like (however arising, including negligence), arising out of the use of or inability to use the site, or any information, or transactions provided on the site or downloaded or hyperlinked from the site, even if Bernard or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the site and/or materials or information downloaded through, or hyperlinked from, the site. because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Bernard’s liability is limited to the greatest extent permitted by law.

Indemnification: You agree to indemnify, defend and hold harmless Bernard, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you.

Termination: Bernard reserves the right to terminate your access to the site without notice for any reason.

Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the site and Bernard’s services.

Integration and Separation: This agreement, the privacy policy and any other terms referenced in this agreement constitute the entire agreement between you and Bernard with respect to your access and use of this site and Bernard’s services and supersedes all prior or contemporaneous agreements (whether oral, written, or electronic) between you and Bernard with respect to this site or Bernard’s services. If any of the provisions of this agreement are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.

Waiver and Assignment: Bernard’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Bernard may assign its rights and duties under this agreement to any party at any time without notice to you.

Miscellaneous: This site is controlled by Bernard within the State of North Carolina, USA. The laws applicable to the interpretation of these terms and conditions of use shall be the laws of the State of North Carolina, USA, and applicable federal law, without regard to any conflict of law provisions. You agree that any legal action or proceeding between Bernard and you for any purpose concerning this agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in North Carolina, USA. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Bernard makes no representations that the content in this site is appropriate for access outside of the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws

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