Terms and Conditions
These Terms and Conditions are effective as of December 26, 2024.
Any user that accesses all or any part of the Bernardino Enterprises LLC. (“Bernardino,” “Company,” "we," "us" or "our) web site located at www.davidbernardino.com (the “Site”) agrees that use of the Site constitutes acceptance of these Terms and Conditions for the Site. Each time a user accesses the Site, the Terms and Conditions should be reviewed because Bernardino reserves the right to change them from time to time without prior notice. Your continued use of the Site after such changes have been made constitutes your acceptance of such changes.
Binding Agreement; Use Prohibited by Users Under 18
By accessing all or any part of our Site, you agree to be bound by these Terms and Conditions posted on this Site. If you do not agree to be bound by these Terms and Conditions you should not access or view this Site. In addition, this Site is intended only for users that are at least 18 years old and by accessing this Site, you represent and warrant that you are at least 18 years old. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT USE THIS SITE.
Use of the Site
You agree that you will not, nor attempt to, impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including without limitation, disabling code, files or programs. You shall not use any spiders, automated programs, scripts, robots or any similar devices that either obtain information from the Site or affect the Site. The site is intended for business use only. When contacting the company or completing forms on the site for a consultation, the site visitor should only provide business points of contact and not personal points of contact.
Ownership of Site Content
All information, content, and data (including, without limitation, designs, logos, photographs, recipes, videos, text, graphics and pictures, and their format, arrangement and selection) (the “Site Content”), on the Site is owned by Bernardino and/or its third-party providers, with all rights reserved. Bernardino and its third-party providers retain all trademarks, copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with Bernardino or obtaining Bernardino’s express written permission. Any use of any Site Content or the materials on the Site may violate copyright, trademark and other laws. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database. The name of the Site and the designs, trademarks and icons of the Site are trademarks of Bernardino and its third-party providers, and may not be copied, used or imitated, without the prior written permission of Bernardino.
Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We do not need, nor do we want to receive, any personal points of contact or other sensitive personal information from you.
Business to Business Only (B2B)
At this time, the Company offers the Site and its services only to companies and their authorized users for business purposes. The Site is not intended for consumers. Your company may have entered into a contract with the Company. The terms of that engagement will govern our services to your company.
Intellectual Property Rights
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
The Site and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site for your company’s internal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
● Your computer may temporarily store copies of such materials in Random-Access Memory (RAM) storage incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may print or download one copy of a reasonable number of pages of the Site for your company’s own internal, non-commercial use and not for further reproduction, publication, or distribution.
● If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your company’s own internal, non-commercial use.
● If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
● Modify copies of any materials from the Site.
● Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
● Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to david@davidbernardino.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Site:
● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
● To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
● To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
Additionally, you agree not to:
● Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
● Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
● Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of the Site.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
● Attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise.
● Otherwise attempt to interfere with the proper working of the Site.
Monitoring and Enforcement; Termination
We have the right to:
● Take any action we deem necessary or appropriate in our sole discretion, including if we believe that your conduct violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
● Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use. If you violate these Terms of Use, the same may be a breach of your business’ agreement with us.
Without limiting the foregoing, we have the right to cooperate fully with any regulator, law enforcement authorities, or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To the fullest extent allowed by law, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Copyright Infringement
If you believe that any content on the Site violates your copyright, please see contact us at david@davidbernardino.com.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties. All statements and/or opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. To the fullest extent allowed by law, we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Advertising
Bernardino may have content, promotions, logos and advertisements of third parties which may link to their web sites. Any dealings, correspondence or contact that you may have in connection with such third parties, and any terms, conditions, warranties or representations associated with such dealings, correspondence or contact that you may have are solely between you and such third parties. By providing this content, Bernadino is not thereby endorsing any of such third parties’ products or services. You agree that Bernardino shall not be responsible for any losses or damages of any kind associated with or arising from any dealings, correspondence or contact that you may have with such third parties. Please review the terms of use for those sites to understand your obligations when interacting with them.
Disclaimers and Limitation of Liability
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS”. BERNARDINO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE AND THE SITE CONTENT OR THE RESULTS TO BE OBTAINED FROM USING THE SITE AND THE SITE CONTENT. BERNARDINO AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES SHALL HAVE NO LIABILITY WITH RESPECT TO ANY USER'S USE OF THE SITE AND THE SITE CONTENT OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE SITE OR THE SITE CONTENT. BERNARDINO DOES NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OMISSION-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT ALLOWED BY LAW, BERNARDINO AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENT, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL BERNARDINO OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND/OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT OR ANY SITES OR ANY CONTENT ACCESSED BY USE OF THE SITE. IN THE EVENT THAT BERNARDINO AND/OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE OR THE SITE CONTENT OR ANY SITES OR ANY CONTENT ACCESSED BY USE OF THE SITE, IN NO EVENT SHALL BERNARDINO’S (ITS OFFICERS’, DIRECTORS’, EMPLOYEES’ AND AFFILIATES’) AGGREGATE LIABILITY TO ANY USER EXCEED TEN DOLLARS ($10.00).
TO THE EXTENT THAT THE SITE CONTAINS CONTENT PROVIDED BY THIRD PARTIES, SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND BERNARDINO DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF SUCH INFORMATION AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATED TO ANY THIRD-PARTY CONTENT
Indemnity
As a condition of use of the Site and Site Content, you agree to indemnify and hold harmless Bernardino and its officers, directors, employees and affiliates against any and all liabilities, expenses (including attorneys' fees and costs) and damages arising out of any and all direct or indirect claims resulting from or relating to your use of this Site and/or the Site Content, the services offered and provided by Bernardino on the Site, and any breach by you of these Terms and Conditions.
Links
Any and all links to other web sites contained in the Site are provided for the convenience of those who wish to access other web sites quickly and efficiently. Bernardino is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other web sites or providers of any information contained on any web sites that link to the Site and has no responsibility for the use and privacy of user’s information on any web sites that are also linked to or from the Site. You acknowledge and agree that your use of any web site accessed from the Site, or the reliance on any information or services contained therein, is solely at your own risk. You should review the Terms and Conditions of those sites.
Linking to the Site Proscribed without Permission and Social Media Features
You may not link to our homepage, without our express written approval in advance. Further even if approved, you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our express written consent.
This Site may provide certain social media features that enable you to:
● Link from your own or certain third-party websites to certain content on this Site.
● Send emails or other communications with certain content, or links to certain content, on this Site.
● Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
● Establish a link from any website that is not owned by you.
● Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
● Link to any part of the Site other than the homepage.
● Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Governing Law and Venue
By accessing the Site, you agree that all disputes and claims arising out of or relating to the Site, the Site Content, these Terms and Conditions, including, without limitation tort claims, shall be governed by the laws of the State of New Jersey, U.S.A., without giving effect to its conflict of laws provisions, except that all claims with respect to copyrights and patents shall be governed by United States federal laws. You acknowledge and agree that Bernardino has the right to seek injunctive relief (including preliminary and temporary relief) to protect its proprietary rights or to prevent any unauthorized use of the Site or the Site Content, without the posting of any bond or proof of any actual damages. You agree that the sole jurisdiction and venue for resolving all claims and disputes is Morris County Court in the State of New Jersey, U.S.A, and you hereby waive any defenses of inconvenient forum or lack of personal jurisdiction.
General
These Terms and Conditions constitute the entire agreement between you and Bernardino regarding the use of the Site and the Site Content. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Bernardino’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.
Notices
The Site is operated by Bernardino Enterprises LLC at PO Box 7, Mt. Freedom, NJ 07970. All questions regarding the Site or these Terms and Conditions shall be directed to: info@davidbernardino.com.