Disclaimer For BurnPeak
The BurnPeak website (the "Site") is an online informational resource,
provided subject to your agreement with the terms and conditions outlined
below. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY
THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SITE.
BurnPeak MAY REVISE THESE TERMS AT ANY TIME, AND SUCH CHANGES WILL BECOME
EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE. YOU AGREE TO REVIEW THESE
TERMS PERIODICALLY TO STAY INFORMED OF ANY MODIFICATIONS AND YOUR
CONTINUED USE OF THE SITE WILL CONSTITUTE ACCEPTANCE OF THE UPDATED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
All content on the Site is protected under international copyright and
trademark laws. The copyright and trademarks are owned by BurnPeak, its
affiliates, or third-party licensors. 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 content solely for your personal,
non-commercial use, provided you do not alter or remove any copyright or
proprietary notices. By submitting content or ideas to any public area of
the Site or via email, you grant BurnPeak a non-exclusive,
royalty-free, worldwide, perpetual 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 permission to use your name in connection with the submitted
content for advertising, marketing, or promotional purposes. You agree
that you will not hold BurnPeak liable for any alleged or actual
infringement related to your submissions.
TRADEMARKS.
All publications, products, content, or services referenced on the Site
are trademarks or service marks exclusively owned by BurnPeak. Other
product or company names mentioned may be trademarks of their respective
owners.
2. Use of the Site.
Except for information specifically identified as being provided by
BurnPeak, the company does not operate, control, or endorse information,
products, or services on the Internet in any way. All information,
products, and services offered through the Site or on the internet are
generally provided by third parties not affiliated with BurnPeak. BurnPeak
does not guarantee that files available for download from the Site will
be free from viruses, worms, Trojan horses, or harmful code. You are
responsible for implementing appropriate safeguards for data accuracy,
data recovery, and system protection.
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 BUT NOT LIMITED TO WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
BURNPEAK IS NOT RESPONSIBLE FOR ANY COSTS, DAMAGES, OR LOSSES RESULTING
DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE OR FROM PRODUCTS,
INFORMATION, OR SERVICES OBTAINED THROUGH THE SITE. YOU ALONE ARE
RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF
ANY INFORMATION OR MATERIALS PROVIDED.
YOU UNDERSTAND THAT THE INTERNET CONTAINS UNEDITED CONTENT, SOME OF WHICH
MAY BE OFFENSIVE OR INAPPROPRIATE. ACCESS TO SUCH MATERIALS IS AT YOUR
OWN RISK. BURNPEAK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR
SUCH CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BURNPEAK BE LIABLE FOR (I) ANY INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA, OR OTHER BUSINESS INFORMATION) ARISING FROM
THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION PROVIDED, EVEN IF
BURNPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II)
ANY CLAIM ARISING FROM ERRORS, OMISSIONS, OR INACCURACIES IN THE
INFORMATION OR MATERIALS PROVIDED. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH
CASES, BURNPEAK'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
BurnPeak makes no representations about other websites that you may
access through this Site. Any such site is independent from BurnPeak, and
BurnPeak has no control over its content. A link to another website does
not imply endorsement or responsibility for its content or use.
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, expenses, and costs
(including reasonable attorney fees) arising 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) benefit BurnPeak and its affiliates, employees, agents,
licensors, suppliers, and information providers. These individuals or
entities have the right to enforce these provisions 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 of the
Agreement.
6. Miscellaneous.
This Agreement shall be governed by the laws of the United States of
America. Any legal action involving BurnPeak and you concerning this
Agreement must be filed in a federal or state court of competent
jurisdiction within the United States. Any claim must be filed within one
(1) year of the cause of action arising. Failure by BurnPeak to enforce
any provision of this Agreement shall not be considered 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.