Disclaimer For BurnPeak
The BurnPeak website (the "Site") is an online informational resource
provided subject to your agreement with the terms and conditions set forth
below. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO
NOT ACCEPT THEM, YOU MAY NOT ACCESS OR USE THE SITE. BurnPeak MAY MODIFY
THESE TERMS AT ANY TIME, AND SUCH REVISIONS WILL BECOME EFFECTIVE
IMMEDIATELY UPON POSTING. YOU AGREE TO REVIEW THESE TERMS PERIODICALLY,
AND YOUR CONTINUED USE OF THE SITE CONSTITUTES ACCEPTANCE OF ANY UPDATED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
All content on the Site is protected under international copyright and
trademark laws. Content and trademarks are owned by BurnPeak, its
affiliates, or licensed third parties. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE ANY MATERIAL
FROM THE SITE, INCLUDING TEXT, GRAPHICS, CODE, OR SOFTWARE. You may print
or download portions of the material solely for personal, non-commercial
use, provided that copyright and proprietary notices remain intact. By
submitting materials or ideas to any public area of the Site or by email,
you grant BurnPeak a non-exclusive, royalty-free, perpetual, worldwide
license (with the right to sublicense) to reproduce, distribute, display,
and create derivative works from your submissions in any media now known
or later developed. You also grant BurnPeak the right to use your name in
connection with such content for promotional or marketing purposes. You
agree that BurnPeak will not be liable for any actual or alleged
infringement arising from your submissions.
TRADEMARKS.
All publications, products, content, and services referenced on the Site
are trademarks or service marks of BurnPeak unless otherwise noted. Other
company or product names may be trademarks of their respective owners.
2. Use of the Site.
Except for information specifically identified as provided by BurnPeak,
the company does not operate, control, or endorse information, products,
or services available on the Internet. All information, products, and
services offered through the Site or the broader Internet are provided by
independent third parties not affiliated with BurnPeak. BurnPeak does not
warrant that downloadable files from the Site are free of viruses, worms,
Trojan horses, or harmful code. You are responsible for implementing
adequate security measures, data accuracy checks, and recovery procedures.
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND THE INTERNET.
BURNPEAK PROVIDES THE SITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BURNPEAK IS NOT
LIABLE FOR ANY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF
THE SITE, INCLUDING LOSSES FROM PRODUCTS, INFORMATION, OR SERVICES OBTAINED
THROUGH THE SITE. YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY CONTENT PROVIDED.
YOU UNDERSTAND THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF
WHICH MAY BE OFFENSIVE. ACCESSING SUCH CONTENT IS AT YOUR OWN RISK.
BURNPEAK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH
MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BURNPEAK BE LIABLE FOR (I) INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF DATA) ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR
INFORMATION PROVIDED, EVEN IF BURNPEAK HAS BEEN ADVISED OF SUCH
POSSIBILITY; OR (II) ANY CLAIM ARISING FROM ERRORS OR INACCURACIES IN THE
INFORMATION PROVIDED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES,
BURNPEAK'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BurnPeak makes no representations about external websites linked to or
from the Site. Such sites are independent, and BurnPeak has no control
over their content. A link does not imply endorsement or responsibility
for any third-party website.
3. Indemnification.
You agree to indemnify, defend, and hold harmless BurnPeak and its
officers, directors, employees, agents, licensors, suppliers, and
third-party information providers from all losses, damages, costs, and
expenses (including reasonable legal fees) resulting from your violation
of this Agreement or misuse of the Site.
4. Third Party Rights.
The provisions of Sections 2 (Use of the Service) and 3 (Indemnification)
are for the benefit of BurnPeak and its affiliates, employees, agents,
licensors, and suppliers. Each shall have the right to enforce these
provisions directly against you.
5. Termination.
Either party may terminate this Agreement at any time without notice. The
provisions of Sections 1, 2, 3, 4, and 6 shall survive termination.
6. Miscellaneous.
This Agreement is governed by the laws of the United States of America.
Any legal action involving BurnPeak must be filed in a federal or state
court of competent jurisdiction within the United States. Any claim must
be brought within one (1) year from the date the cause of action arises.
Failure by BurnPeak to enforce any provision does not constitute a waiver
of that provision. BurnPeak may assign its rights and obligations under
this Agreement at any time without notice.
Any rights not expressly granted herein are reserved.