Terms

TERMS OF USE

INTRODUCTION

Welcome to www.brendanhburns.com (the “Website”). The Website is owned and operated by Burns International Inc. (“Burns International”, “us” or “we”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR ANY SERVICE, FEATURE, OR CONTENT OFFERED BY US (together with the Website, the “Services”). As used in these Terms of Use, the term “you” means you, the user, and also the entity or entities whose accounts you are accessing the Services as a representative of, if any.

THESE TERMS OF USE ARE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES.

By using the Services in any manner, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on or through the Services by us, each of which is incorporated herein by reference, and you acknowledge and consent to the Privacy Policy. These may be updated from time to time by posting an updated version on the Services, with or without notice. Your continued use of any Service following any such change constitutes acceptance. If you do not agree, you may not use the Services. When you use any of our current or future Services, you may also be subject to additional guidelines, terms, conditions, and agreements applicable to those Services. If these Terms of Use are inconsistent with guidelines or terms applicable to those Services, these Terms of Use will control.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your use of the Services, to understand our privacy practices.

CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, including your access to and use of the Services.

ELIGIBILITY

You represent that you are at least 18 years of age. If you are under age 18, you may not use the Services. We may refuse to offer the Services to any person or entity and change eligibility criteria at any time. The Services are offered only for your use, and not for the use or benefit of any third party.

RESTRICTIONS ON USE; LIMITED LICENSE

We, our licensors, or our licensees own all rights, title and interest in and to the Services and all content, code, data and other materials on the Services, including all intellectual property rights. The trademarks, service marks, graphics, logos, page headers, icons, scripts, and trade names on the Services are the property of us or our licensors or licensees. All other marks are the property of their respective owners.

Subject to these Terms of Use, we grant you a limited, worldwide, non-exclusive, non-sublicensable and non-transferable license to access and use the Services and Content and to access, download, and use any Tools made available, solely for your personal or internal purposes. You agree to use the Services only for lawful purposes. You must not copy, reproduce, republish, upload, post, transmit, distribute, sell, resell, visit, or otherwise exploit the Services or Content without our prior written consent. Any unauthorized use automatically terminates the licenses granted to you hereunder.

RULES OF CONDUCT

a. General

You agree not to use the Services for any purpose prohibited by these Terms of Use, and you shall not violate or infringe the rights of any person or entity or any applicable law.

b. Prohibited Content and Actions

  • Content that you know is false, misleading, untruthful or inaccurate.
  • Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity or sexual activity, or is otherwise inappropriate.
  • Unauthorized or unsolicited advertising, junk or bulk e-mail.
  • Viruses, code, files, or programs intended to disrupt, damage, limit, or interfere with software, hardware, or telecommunications or to obtain unauthorized access.
  • Impersonation of any person or entity, including our employees or representatives, or inclusion of identification documents or sensitive financial information of others.

c. Technical Restrictions

  • Unreasonable loads on infrastructure, interference with proper working of the Services, or attempts to bypass access controls.
  • Running auto-responders or spam, crawling or spidering, scraping Content.
  • Deciphering, decompiling, disassembling, reverse engineering, or deriving source code, except where permitted by law.
  • Modifying, translating, creating derivative works, copying, renting, leasing, distributing, or transferring rights granted hereunder.

d. Compliance

You shall abide by all applicable local, state, national, and international laws and regulations.

e. Reservation of Rights

We reserve the right to access, read, preserve, and disclose information as reasonably necessary to satisfy law, enforce these Terms of Use, address fraud or security, respond to support requests, or protect rights, property, or safety.

USE AND PROTECTION OF PASSWORD AND ID

If Burns Intl. assigns a password and account ID to you for access to certain Services, you are solely responsible for maintaining their security and confidentiality and for all use under your credentials. Notify us immediately of any unauthorized use.

SYSTEM REQUIREMENTS

Use of certain Services may require Internet access and software. Requirements and formats may change without notice. You are responsible for compliance with system requirements and for any related fees.

SUBMISSIONS

You may submit User-Generated Content so long as it complies with these Terms of Use. By submitting such content, you represent that you own or control all rights, it is accurate, it does not violate these Terms of Use or rights of others, and you will indemnify us. We may but are not obligated to monitor, edit, or remove activity or content.

CONFIDENTIALITY

All Content and the substance thereof is confidential. You must protect and not disclose Content except as permitted, including disclosures required by law.

CONTENT LINKED TO THE WEBSITE

When you leave the Website via links, different terms and privacy policies may apply. We do not control, endorse, or assume responsibility for third party sites or content.

DISCLAIMER OF WARRANTIES

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR SERVERS ARE FREE OF HARMFUL COMPONENTS.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some limitations may not apply. The limitations, exclusions, and disclaimers apply to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Indemnified Parties from any loss, cost, damage, liability, and expense arising out of your use or misuse of the Services or Content, your User-Generated Content, your breach of these Terms of Use, your violation of rights of others, or your conduct in connection with the Services.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR FUNCTIONS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SERVICES, OR 100.00 USD.

Neither we nor any Indemnified Party is responsible for delay or failure in performance resulting from events beyond our control.

COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

AMENDMENT

We may change these Terms of Use at any time without notice. Your continued use following changes constitutes acceptance.

TERMINATION

These Terms of Use are effective until terminated by you or us. You may terminate prospectively by discontinuing access and destroying materials. We may terminate without cause and without notice. Certain provisions survive termination.

APPLICABLE LAW AND DISPUTES

These Terms of Use are governed by the laws of the United States and the State of Florida, without regard to conflicts of law. Any dispute shall be submitted to confidential binding arbitration in Florida under JAMS Streamlined Arbitration Rules and Procedures, except we may seek injunctive or other relief for intellectual property in state or federal court in Florida. No class arbitration.

ELECTRONIC COMMUNICATIONS

By visiting the Website or sending emails to us, you consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

MISCELLANEOUS LEGAL PROVISIONS

We may discontinue the Services or change contents, operation, or features at any time without notice. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Services. Our failure to enforce any provision shall not constitute a waiver. If any provision is invalid or unenforceable, the remaining provisions continue in full force and effect. These Terms of Use constitute the entire agreement between you and us regarding the Services. These Terms of Use are personal to you and are not assignable by you. We may assign, transfer, or delegate any of our rights and obligations without consent.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

To notify us of claimed infringement, provide our copyright agent with the following in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Services.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.