Terms & Conditions
Bierley Associates, Inc. and/or its affiliates (“Bierley”) provide website features and other products and services to you when you visit or shop at Bierley.com, use Bierley products or services, use Bierley applications for mobile, use Bierley Vision Club or use software provided by Bierley in connection with any of the foregoing (collectively, “Bierley Services”). Bierley provides the Bierley Services subject to the following conditions.
By using Bierley Services, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of Bierley Services, to understand our practices.
When you use any Bierley Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Bierley Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Bierley Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Bierley or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Bierley Service is the exclusive property of Bierley and protected by U.S. and international copyright laws.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Bierley Service are trademarks or trade dress of Bierley in the U.S. and other countries. Bierley’s trademarks and trade dress may not be used in connection with any product or service that is not Bierley’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bierley. All other trademarks not owned by Bierley that appear in any Bierley Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bierley.
One or more patents possibly owned by Bierley may apply to the Bierley Services and to the features and services accessible via the Bierley Services.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of applicable fees, Bierley or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Bierley Services. This license does not include any resale or commercial use of any Bierley Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Bierley Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Bierley or its licensors, suppliers, publishers, rights holders, or other content providers. No Bierley Service, nor any part of any Bierley Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bierley. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bierley without express written consent. You may not use any meta tags or any other “hidden text” utilizing Bierley’s name or trademarks without the express written consent of Bierley. You may not misuse the Bierley Services. You may use the Bierley Services only as permitted by law. The licenses granted by Bierley terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Bierley Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bierley does sell or loan products that may be used by children, but it sells or loans them to adults, who must purchase the products or services with a credit card or other permitted payment method. If you are under 18, you may use the Bierley Services only with involvement of a parent or guardian. Bierley reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bierley reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Bierley a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bierley and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bierley for all claims resulting from content you supply. Bierley has the right but not the obligation to monitor and edit or remove any activity or content. Bierley takes no responsibility and assumes no liability for any content posted by you or any third party.
TITLE AND RISK OF LOSS
All items borrowed as part of membership privileges remain the property of Bierley and at no time does title pass to you. Risk of loss is your responsibility and the safety and security of borrowed items is your responsibility until items are returned to and received by Bierley.
Once an item has been received and verified by Bierley, membership to the Bierley Services may be cancelled and no further membership fee will be payable.
Bierley attempts to be as accurate as possible. However, Bierley does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product or service is not as described, your sole remedy is to return items in unused condition and cancel service.
Except where noted otherwise, the List Price or Suggested Price displayed for products or services on any Bierley site represents the full retail price listed on the product itself. Changes to prices may be made at any time with no obligation by Bierley to notify you.
We generally do not charge your credit card until after your order has entered the shipping process or, for membership and service products, until we make the membership or service available to you.
BIERLEY SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Bierley Services (the “Bierley Software”).
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BIERLEY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BIERLEY SERVICES ARE PROVIDED BY BIERLEY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIERLEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BIERLEY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BIERLEY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BIERLEY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIERLEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIERLEY DOES NOT WARRANT THAT THE BIERLEY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BIERLEY SERVICES, BIERLEY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BIERLEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIERLEY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BIERLEY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BIERLEY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN COUNTRY AND STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Bierley Service, or to any products or services sold or distributed by Bierley or through any Bierley site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Bierley Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bierley.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Additional Bierley Software Terms
1. Use of the Bierley Software. You may use Bierley Software solely for purposes of enabling you to use and enjoy the Bierley Services as provided by Bierley, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Bierley Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Bierley Software or otherwise assign any rights to the Bierley Software in whole or in part. You may not use the Bierley Software for any illegal purpose. We may cease providing any Bierley Software and we may terminate your right to use any Bierley Software at any time. Your rights to use the Bierley Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Bierley Software that are specifically identified in related documentation may apply to that Bierley Software (or software incorporated with the Bierley Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Bierley Service is the property of Bierley or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Bierley Software, whether in whole or in part, or create any derivative works from or of the Bierley Software.
4. Updates. In order to keep the Bierley Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Bierley Software. If you are a U.S. Government end user, we are licensing the Bierley Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Bierley Software are the same as the rights we grant to all others under these Conditions of Use.