Terms of service
NOTICE: PLEASE READ THESE TERMS BEFORE YOU USE ANY BURND WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITE.
Burnd (“Burnd”) operates various internet sites (collectively “Burnd Sites”). Burnd Sites are offered to you, as user, conditioned on your acceptance, without modification, of the terms and conditions contained herein. Use of any Burnd Site signifies your agreement to these terms of use. A particular site may contain additional terms, however, if any terms conflict, these conditions and terms of use (“TOUs”) shall control. Burnd reserves the right to change these TOUs and the content of Burnd Sites and terminate your access to Burnd Sites at any time without notice. You warrant, as a condition of use, that you will not use any Burnd Site for any purpose that is unlawful or prohibited by these TOUs.
Disclaimer
EVERYTHING IN BURND SITES, INCLUDING ALL INFORMATION, APPLICATIONS AND PROGRAMS (COLLECTIVELY, “MATERIALS”), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MATERIALS ON BURND SITES MAY CONTAIN UNINTENDED TECHNICAL, FACTUAL OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BURND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BURND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BURND SITES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BURND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN BURND SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BURND) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NONE OF THE MATERIALS ON BURND SITES IS INVESTMENT ADVICE. ACTIONS TAKEN OR NOT TAKEN ARE THE SOLE RESPONSIBILITY OF THE USER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ANY EVENT, THIS DISCLAIMER SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Burnd be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the Materials in Burnd Sites or hyperlinked sites, including, without limitation, lost data, lost profits and business interruption even if Burnd or a Burnd authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Burnd’s total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence] or otherwise) exceed the amount paid by you, if any, for accessing any Burnd Site.
Restrictions on Use
Materials in Burnd Sites, including but not limited to text and graphics, are the property of Burnd. Users may read Materials in Burnd Sites; however, users may not otherwise use Materials (including but not limited to Burnd’s names, logos, and trademarks) in any other way without the prior written consent of Burnd. Receipt, directly from Burnd, of a currently valid user id and password to use certain materials constitutes consent to use the materials for which you are specifically authorized. Unless specifically authorized, such consent does not include the right to use Burnd’s names, logos, trademarks or other intellectual property.
Unless otherwise specified, Materials in Burnd Sites are presented solely for the purpose of promoting programs, products and services of Burnd available in the United States and such other countries where permitted by U.S. and local law. Burnd Sites are controlled and operated by Burnd from its offices in the State of Washington, United States of America. Burnd makes no representation that Materials in Burnd Sites are appropriate or available for use in other locations. Those who choose to access Burnd Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Links to other Sites and References to Services Organizations
References on Burnd Sites to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply Burnd’s endorsement, sponsorship or recommendation. Such references are for informational purposes only. Burnd is not responsible for the availability, content or any use of such referenced sites and/or organizations.
Confidential Information
Burnd will make reasonable efforts to keep in a secure manner information that you submit to Burnd or you choose to save and/or store on or via Burnd Sites (Please also see Burnd’s Privacy Policy). Unless the exchange of confidential or proprietary information is covered by a separate written secrecy agreement and marked “Confidential” (“Confidential Information”), Burnd does not want to receive Confidential Information from users through Burnd Sites. Please note that any information other than Confidential Information sent to Burnd or saved and/or stored on or via Burnd Sites by other than Burnd entities will be deemed NOT to be confidential, and that users grant Burnd an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information. Such information is sent, saved and/or stored at user’s risk. In addition to the disclaimer paragraph above, please note that Burnd is not responsible for misappropriation, loss or corruption of any such information by any means.
Other
These TOUs shall be governed by and construed in accordance with the laws of the State of Washington, USA, without giving effect to any principles of conflicts of law. All disputes arising out of these TOUs that cannot be resolved by discussions, shall be submitted to a court of appropriate jurisdiction sitting in King County, Washington, unless otherwise agreed by the parties. If any provision of these TOUs shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOUs and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.