The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation,
Your agreement is with StreamComm, LLC d.b.a. Bernuley Pet Doors (“Bernuley” or “we” or "us").
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this Agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Bernuley,
acceptance is expressly limited to these terms.
The Service is not directed to children younger than 13, and service on the Service is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the
Service. Any person who registers as a user or provides their personal information to the Service represents that they are 13 years of age or older.
- Limited License Bernuley grants you a non-exclusive, non-transferable, revocable license to access and use our Service in order for you to buy products through our
Service, strictly in accordance with this Agreement.
- Your Bernuley Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that
occur under the account and the orders you place through the Service. You must immediately notify Bernuley of any unauthorized uses of your account or any other breaches of security. Bernuley will not be liable for any acts or
omissions by You, including any damages of any kind incurred as a result of such acts or omissions. When you create an account with us, you must provide us information that is accurate, complete, and
current at all times. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account on our Service. You must not choose a username that contains
profanity when creating your account. Creating an account with a username containing profanity may result in immediate termination of your account on our Service.
Since each product is custom made to your specifications, Bernuley does not provide refunds or exchanges of any kind for orders that have begun production. In the event that the wrong item was ordered, please contact us to cancel your order
before we begin manufacturing your custom door. Once we begin to manufacture your door, the order cannot be canceled, and no refund will be issued. If your order is canceled before manufacturing has begun, we will issue a full refund.
- Pricing. "Retail Price" means the suggested retail price of a product as determined by us or as provided by a manufacturer or supplier.
We regularly check Retail Prices against prices recently found on the Bernuley site and other retailers.
We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced.
If the correct price of an item sold by Bernuley is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping
or cancel your order and notify you of such cancellation.
- Coupons. Coupons are valid for a limited time only. Bernuley reserves the right to modify or cancel coupons at any time.
The coupon is only valid before the expiration date, or after 48 hours, if no expiration date is specified.
The coupon may be restricted to a certain number of customers.
The coupon may only be used on www.bernuley.com.
The coupon is limited to one use per customer.
If you return any of the items purchased with a coupon, the coupon discount or value may be subtracted from the return credit.
Applicable shipping and handling charges apply to all products.
Offer good while supplies last.
Bernuley has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
Consumer is required to pay any applicable sales tax related to the use of the coupon.
Coupons are void if restricted or prohibited by law.
- Payment. Unless otherwise agreed to by Bernuley, payment must be received by Bernuley prior to our acceptance of an order.
If paying by credit card, your credit card will be charged at time of order placement.
Bernuley may process payment for and ship parts of an order separately.
Bernuley uses a third-party payment processor ("Processor") in order to process credit card payments and other types of payments. When you enter your payment details, we may
protect your sensitive payment data by having the Processor collect your payment information directly. Payment information captured on Bernuley's checkout page may be directly
connected to Processor’s secure hosted fields. Processor is a validated Level 1 Payment Card Industry Data Security Standard (PCI DSS) Compliant Service Provider. For security reasons, Bernuley only stores the last 4 digits of saved payment cards. Bernuley does
not store any sensitive payment data, such as credit card numbers and CVV codes, in our database.
Most items are shipped via freight carriers. The driver will leave the item(s) ordered on or next to the street unless Doorstep Delivery was selected during checkout. If
you request the driver to take your order to your doorstep upon arrival, and you have not chosen Doorstep Delivery, you will be charged an extra fee of $80.00
after your order is delivered.
Items cannot be shipped to Alaska or Hawaii.
All shipping dates are only approximate based on the normal uninterrupted flow of production activity and are in no way guaranteed. The Estimated Ship Date
is the estimated date your order will leave our warehouse and does not include shipping time by the 3rd party carrier.
- Push Notifications. By subscribing to or opting into push notifications, you agree to receive web push notifications and mobile push notifications sent from
us. The purpose of these push notifications is to inform you of discounts, new products, and other transacton-related communications (including order status and abandoned cart
reminders). The subscription to our push notifications is not mandatory. We reserve the sole right to either modify or discontinue the push notifications, at any time, with or
without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this
- Responsibility of Service Visitors. Bernuley has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Bernuley does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Bernuley disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Bernuley links, and that link to Bernuley. Bernuley does not have any control over those non-Bernuley websites and webpages, and is not responsible for their contents or their use. By linking to a non-Bernuley website or webpage, Bernuley does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Bernuley disclaims any responsibility for any harm resulting from your use of non-Bernuley websites and webpages.
- Copyright Infringement and DMCA Policy. As Bernuley asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe
that material located on or linked to by Bernuley violates your copyright, you are encouraged to notify Bernuley. Bernuley will respond to all such notices, including as required or
appropriate by removing the infringing material or disabling all links to the infringing material. Bernuley will terminate a visitor’s access to and use of the Service if, under appropriate
circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bernuley or others. In the case of such termination, Bernuley will
have no obligation to provide a refund of any amounts previously paid to Bernuley.
- Intellectual Property. This Agreement does not transfer from Bernuley to you any Bernuley or third party intellectual property, and all right, title and interest in and to
such property will remain (as between the parties) solely with Bernuley. Bernuley, the Bernuley logo, and all other trademarks, service marks, graphics and logos used in connection with
Bernuley, or the Service are trademarks or registered trademarks of Bernuley or Bernuley’s licensors. Other trademarks, service marks, graphics and logos used in connection with the
Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Bernuley or third-party trademarks.
- Advertisements. Bernuley reserves the right to display advertisements on the Service.
- Protection Plans. The Service may provide information related to protection plans, including an outline of the coverage, benefits, and exclusions.
Your protection plan contains the complete description of coverage details, and the information available on the Service is informational only. Repairs to a product made prior to the
purchase of a protection plan are not covered by the protection plan. All transactions relating to protection plans are subject to the terms and conditions of such plans, which are
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms of this Agreement under which our services are offered. If we make changes that are material,
we will let you know by posting a notice on the Service, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which
the new Terms will take effect. What constitutes a material change will be determined at our sole discretion. If you disagree with our changes, then you should stop using Bernuley within the
designated notice period. Your continued use of Bernuley will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding
individual arbitration clause) that were in place when the dispute arose.
- Termination. Bernuley may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish
to terminate this Agreement or your Bernuley account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Service is provided “as is”. Bernuley and its suppliers and licensors hereby disclaim all warranties of any kind,
express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bernuley nor its suppliers and licensors, makes any
warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service
at your own discretion and risk.
- Limitation of Liability. In no event will Bernuley, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any
contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bernuley under this agreement during the twelve (12) month period prior to
the cause of action. Bernuley shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable
and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable
content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe
or misappropriate the intellectual property rights of any third party.
- US Economic Sanctions. You expressly represent and warrant that your use of the Service and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Bernuley reserve the right to terminate accounts or access of those in the event of a breach of this condition.
- Indemnification. You agree to indemnify and hold harmless Bernuley, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
- Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between Bernuley and you concerning the subject matter hereof, and they may only be modified by a written amendment
signed by an authorized executive of Bernuley, or by the posting by Bernuley of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to
or use of the Service will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the
same will be the state courts located in Johnson County and federal courts located in the Northern District of Texas, Dallas Division. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any
competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Burleson, Texas, in the English language and the arbitral
decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held
invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party
that consents to, and agrees to be bound by, its terms and conditions; Bernuley may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.
- Address. The address for any notices sent to Bernuley is:
Bernuley Pet Doors
836 E. Renfro St., #218
Burleson, TX 76028
Or via Email:
- April 23, 2018: Initial version.