Terms of Use Agreement.


Read This Terms of Use Agreement Before Accessing Website.

This Terms of Use Agreement sets forth the standards of use of the Barney Miller's Online Service. By using the Barney Miller's / http://www.barneymillers.com website you (the “Customer”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Barney Miller's / http://www.barneymillers.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. Description of Service

    Barney Miller's is providing Customer with product and order information. Customer must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Customer’s access to the Internet, and (3) pay any fees relate with such connection.

  2. Intended For Users that are Residents of North American and are Over 18

    Our services are available and may only be used by, individuals who are residents of North America and who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old, that you reside in North America, and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.

  3. Not for use by Residents of the European Union

    We do not accept customers who are residents of the European Union. This website may not be used by any resident of the European Union.

  4. Disclaimer of Warranties.

    The site is provided by Barney Miller's on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Barney Miller's makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Barney Miller's shall have no liability for any interruptions in the use of this Website. Barney Miller's disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

  5. Limitation of Liability

    BARNEY MILLER'S SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BARNEY MILLER'S SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BARNEY MILLER'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  6. Indemnification

    Customer agrees to indemnify and hold Barney Miller's, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Service, the violation of this Agreement, or infringement by Customer, or other user of the Service using Customer’s computer, of any intellectual property or any other right of any person or entity.

  7. Modifications and Interruption to Service

    Barney Miller's reserves the right to modify or discontinue the Service with or without notice to the Customer. Barney Miller's shall not be liable to Customer or any third party should Barney Miller's exercise its right to modify or discontinue the Service. Customer acknowledges and accepts that Barney Miller's does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  8. Third-Party Sites

    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Customers to review said privacy policies of third-parties’ sites.

  9. Disclaimer Regarding Accuracy of Vendor Information

    Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Barney Miller's makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

    Barney Miller's makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

  10. Pricing and Specifications

    Errors in pricing and/or product specifications may occur. We reserve the right to correct any such errors, up to and including cancelling any orders placed at an incorrect price.

  11. Governing Jurisdiction of the Courts of Kentucky

    Our website is operated and provided in the State of Kentucky. As such, we are subject to the laws of the Kentucky, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Kentucky.

  12. Compliance with Laws.

    Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  13. Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005-2020 http://www.barneymillers.com, with all rights reserved, or is the property of Barney Miller's and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Barney Miller's is strictly prohibited. Customers agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Barney Miller's.

    Barney Miller's™ and http://www.barneymillers.com™ are proprietary marks of http://www.barneymillers.com. Barney Miller's’s trademarks may not be used in connection with any product or service that is not provided by Barney Miller's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Barney Miller's.

    All other trademarks displayed on Barney Miller's’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Barney Miller's.

  14. Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, http://www.barneymillers.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

    By Mail

    Barney Miller's
    232 E. Main Street
    Lexington, Kentucky 40507

    By Telephone: (859) 252-2216
    By Email: bmiller@barneymillers.com

  15. Botnets

    Barney Miller's retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Barney Miller's reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

  16. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Barney Miller's, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Customer. Customer agrees that by accepting this Terms of Use Agreement, Customer is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable] located here.