Terms of service
1. TERMS OF SALE
PLACING ORDERS ON THE WEBSITE
Eligibility to Order. To place an order on the Website, you must be at least 18 years old or older, as required under applicable law, or acting with parental or guardian consent where legally required. You are strictly prohibited from purchasing any of the products on the Website for resale. Berghaus has the right to, without any limitation, restrict sales to you, cancel your orders, and/or suspend or close your account at its discretion. If we cancel an order because you are not eligible to order, it will be without charge to you.
Restrictions on Large Orders. We reserve the right to impose limits on the number of units of any product that you may purchase in a single order or across multiple orders. This includes, without limitation, the right to restrict, refuse, or cancel orders that we believe, in our sole discretion:
· involve the purchase of multiple units of the same product that exceed normal personal use;
· form part of a pattern of repeated large orders;
· indicate purchasing for resale, commercial use, or distribution; or
· are otherwise inconsistent with these Terms of Use.
If we cancel an order under this clause, we will refund any amounts you have already paid for the cancelled products. We may also, at our discretion, suspend or close your account if we reasonably believe you are attempting to purchase products for resale.
This clause does not affect your statutory rights.
Fraud Check. When you place an order, we may carry out verification checks before fulfilment, including address verification and fraud screening. We use both automated and manual processes in line with the fraud prevention measures described in our Terms of Use, to identify unusual, suspicious or potentially fraudulent transactions. We reserve the right to cancel any order where reasonably suspect fraud or unauthorised activity, and any suspected fraud on the Website may be investigated and, where appropriate, reported to the relevant authorities and/or prosecuted.
If you wish to make a purchase, you may be asked to supply certain information, such as your payment card number and its expiration date, your billing address, and your shipping information. You authorize us and our third-party payment processors to charge the payment method you provide for the total amount displayed at checkout. You represent and warrant that (a) the payment information supplied is true, correct, and complete; (b) you are duly authorized to use any payment method that you submit in connection with a purchase; and (c) you will pay all charges incurred by you, including any applicable taxes. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us, and you authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms of Use. All purchases are exclusive of any applicable taxes, duties, or fees, which will be added at checkout.
Product pricing and availability are subject to change at any time without notice. All prices are displayed in U.S. dollars unless otherwise indicated at checkout. If your payment method is denominated in a different currency, the applicable exchange rate and any associated conversion fees will be determined solely by your bank, card issuer, or payment provider. Berghaus is not responsible for any currency conversion costs, foreign transaction fees, or other charges imposed by your payment provider in connection with a purchase.
In the event that a product is listed at an incorrect price due to a typographical, technical, or other error, Berghaus reserves the right to cancel or refuse any order placed for such product, regardless of whether the order has been confirmed or your payment method has been charged. If your payment method has already been charged for an order that Berghaus subsequently cancels pursuant to this section, Berghaus will issue a refund in the amount charged.
If your payment method is declined or a transaction otherwise fails to process, your purchase will not be completed, and no products will be delivered to you. You are responsible for ensuring that your payment method is valid, current, and has sufficient funds or credit available at the time of purchase. Berghaus is not liable for any loss or inconvenience arising from a failed or declined payment transaction.
Payment transactions made through the Website may be processed by third-party payment processors engaged by Berghaus. By completing a purchase, you acknowledge that your payment information may be transmitted to and processed by such processors and that your use of their services may be subject to their own terms of service and privacy policies. While Berghaus requires its payment processors to handle your information in accordance with applicable law, Berghaus is not responsible for independent acts, omissions, or errors of any third-party payment processor that are beyond Berghaus's reasonable control.
PRODUCT DESCRIPTION AND IMAGES
While we take reasonable care to ensure that all product descriptions, images and specifications on the Website are accurate and up to date, they are provided for general information only. Due to differences in device display settings, lighting conditions and manufacturing processes, the colours and appearance of products may vary slightly from the images shown on the Website.
We do not guarantee that your device’s display of any colour will be accurate. Any minor variations in colour, material, dimensions or finish that do not materially affect the quality or performance of the product will not constitute a defect or misdescription. This does not affect your statutory rights in relation to products that are faulty or not as described.
DELIVERY
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions set forth in these Terms of Use or otherwise contained on the Website. You will pay all shipping and handling charges specified during the ordering process. All transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for products pass to you upon delivery of the products to the carrier. You are responsible for filing any claims with carriers or insurers for damaged or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.
CANCELLATIONS
We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Website or made in connection with your order or inaccuracies in product or pricing information or product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
RETURNS
Returns, refunds, and exchanges will be subject to our Returns and Refund Policy.
RESERVATION OF RIGHTS
We reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product; to impose conditions on honoring coupons, discounts, or similar promotions; to bar any user from making any transaction; to alter the payment option for products; and to refuse to provide any user with any product.
2. IMPORTANT DISCLAIMERS
DISCLAIMER OF WARRANTIES
Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, this Website and the information, content, materials or products included on this Website are provided by Berghaus on an “as is” and “as available” basis. Berghaus makes no representation or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
Berghaus disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability and fitness for purpose and non-infringement to the fullest extent permissible by applicable law. Berghaus does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. We hope you enjoy and get the full benefit of the Website; however, we do not guarantee any results. Berghaus will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
INDEMNITIES
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Berghaus, its directors, officers, employees, agents and affiliates from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your breach of these Terms of Use;
(b) your access and use of the Website and products, including any fraudulent, abusive, or unlawful activity;
(c) any User Content you submit to the Website;
(d) your violation of applicable law;
(e) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or
(f) your failure to safeguard your account credentials or prevent unauthorised access to your account.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we will not be liable to you under any theory of liability (whether based in contract, tort, negligence, strict liability, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to these Terms of Use, regardless of the form of the action, is limited to $500.
The limitations set forth in this Section will not limit or exclude liability for our gross negligence, fraud, or intentional misconduct or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
3. SUSPENSION / TERMINATION
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may terminate, suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons at any time and for any reason, without any liability to Berghaus, subject to applicable law.
You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
These Terms of Use remain in effect after your account is terminated or you have stopped using the Website.
4. CHOICE OF LAW / JURISDICTION
These Terms of Use, their subject matter and their formation are governed by the laws of the State of California, without regard to conflict-of-law rules that would apply the laws of another jurisdiction. If any such dispute is not subject to arbitration under Section 9, the state and federal courts of Los Angeles County, California have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or your use of the Website.
5. DISPUTE RESOLUTION / BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BERGHAUS TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND BERGHAUS CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND BERGHAUS FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND BERGHAUS AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. BERGHAUS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AND BERGHAUS EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.
FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 9(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
(a) Claims This Section Applies To. This Section 9 applies to all Claims between you and Berghaus. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 9(c), below) between you and Berghaus, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms of Use or the Website, including any claims related to the use or operation of the Website, the purchase of any products or services made available through the Website, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.
(b) Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Berghaus or if Berghaus believes it has a Claim against you, you and Berghaus will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Berghaus will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 9(b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.
You must send any Claimant Notice to Berghaus by certified mail, addressed to 3900 Kilroy Airport Way, Ste. 100, Long Beach, CA 90806 or by email to legalglobal@pentland.com. Berghaus will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Berghaus. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves (and not their counsel) verifying the accuracy of the contents of the Claimant Notice.
No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Berghaus files an Arbitration Demand without complying with the requirements in this Section 9, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.
To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms of Use.
(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Berghaus, including any disputes in which you or Berghaus seek injunctive or other equitable relief for the alleged unlawful use of your or Berghaus’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 9(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.
(d) Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 9, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Website and products for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms of Use (the “Rules”), will apply to Claims between you and Berghaus. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms of Use, will apply to Claims between you and Berghaus.
These Terms of Use affect interstate commerce, and the enforceability of this Section 9 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms of Use, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Berghaus to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
(e) Arbitration Procedure and Location. You or Berghaus may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.
Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration addressed to 3900 Kilroy Airport Way, Ste. 100, Long Beach, CA 90806 or by email to legalglobal@pentland.com. Berghaus will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Berghaus.
The arbitration will be conducted by a single arbitrator in the English language. You and Berghaus both agree that the arbitrator will be bound by these Terms of Use.
For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Berghaus agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms of Use.
(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
(h) Confidentiality. If you or Berghaus files a Claim in arbitration, you and Berghaus agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other Berghaus that might be exchanged or the subject of any discovery in the arbitration. You and Berghaus agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
(i) Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 9(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.
1. Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms of Use. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
2. Initial Arbitrations. The parties shall identify an initial set of 18 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 18 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
3. Mediation. Upon conclusion of the 18 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
4. Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 18 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 8.
If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.
If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 9(b) to proceed in arbitration in the same manner as described in Section 9(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.
(j) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms of Use by emailing customerservice@barghaus.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. The governing law, venue, and other requirements in Section 8 will continue to apply even if you opt out of arbitration.
(k) Rejection of Modifications to this Section 9. You may reject any change we make to this Section 9 (except changes to notice addresses) as to you, by emailing customerservice@barghaus.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 9. You may reject changes to Section 9 only as a whole. You may not reject only certain changes to Section 9. If you reject changes made to Section 9, the most recent version of Section 9 that you have not rejected will continue to apply.
(l) Severability. If any portion of this Section 9 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms of Use; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 9 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 9; and (iii) to the extent that any Claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms of Use, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 9 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 9 will be enforceable.
6. ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and 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.
Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
7. RELEASE
To the fullest extent permitted by applicable law, you release Berghaus from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
8. EVENTS OUTSIDE OUR CONTROL
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, government restrictions or lockdowns, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Use:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9. NO PARTNERSHIP, RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY
Except as otherwise expressly set forth in these Terms of Use, no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.
You may not assign your rights under these Terms of Use without our prior written consent. Any attempted assignment without our consent will be null and void. Berghaus may assign its rights and duties under these Terms of Use to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms of Use.
Berghaus’s failure to insist upon or enforce strict performance of these Terms of Use is not a waiver of any of these Terms of Use or Berghaus’s rights.
If any provision in these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use shall continue to be enforceable.
