TERMS AND CONDITIONS
FOR USE OF THE SITE AND FOR PURCHASES
The following Terms and Conditions govern your use and access to any Web site (a “Site”) operated by Burn20, LLC (the “Web Site Operator”). You should review them on a regular basis because they are subject to change; and any change is effective immediately upon posting.
IMPORTANT! These Terms and Conditions govern your use of any Site, including the purchase of products from any Site. By accessing, using, printing, installing, or downloading any material from a Site, or by purchasing any product ordered over a Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change at any time in the sole discretion of the Web Site Operator. Your use of a Site or making a purchase from a Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter any Site; and you must exit the Site immediately and you may not use or access any Site or print or download any materials from any Site. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using any Site. You affirm that you have read this Agreement and understand, agree and consent to theses Terms and Conditions.
You are solely responsible for obtaining access to the Site and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.
I. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, whichever is the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the Site immediately and may not use or access the Site or print or download any materials or purchase any materials (as defined below) from them.
II. Protected Speech
You further acknowledge that the Site contain only images protected by the First Amendment to the United States Constitution.
III. Trademark Information
The uniform Resource Locators (URLs) of the Site are trademarks in the United States. All rights are reserved. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. Those marks may not be used publicly except with express written permission from the trademark owners, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Web Site Operator. Burn 20 is a trademark of Burn20, LLC, a Florida limited liability company.
© Copyright 2010-2011 Burn20, LLC (the “Copyright Holder”). All Rights Reserved.
The materials displayed on this Web site and the electronic publications included therein (the “Copyrighted Materials”) are protected by the United States Copyright Act of 1976 and by international copyright laws and treaties.
The Copyrighted Materials may not be reproduced without the express written consent of the Copyright Holder except as follows: You are permitted only to store the Copyrighted Materials on only one computer at only one time. You may print the Copyrighted Materials, but only for your personal reading and only if you use your best efforts to insure that no other person or entity gains access to those printed materials.
You may not copy, forward, or transfer the Copyrighted Materials or any part of them, whether in electronic or printed form, to another place, person or entity in contravention of the policies expressed here.
Violation of the above policies constitutes copyright infringement under the United States Copyright Act of 1976.
Requests for permission to reproduce any of the Copyrighted Materials must be in writing and addressed to 1835 East Hallandale Beach Boulevard, No. 530, Hallandale Beach, FL 33009.
Violation of any copyright is a federal crime that is punishable by a sentence up to five years in federal prison and a fine up to $250,000.00 or more. Also, if you infringe our copyrights we can sue you for up to $150,000 for each copyright infringed plus attorneys’ fees and costs.
V. Restrictions on Use of the Site
You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose whatsoever, without The Web Site Operator’s express prior written consent. Without the express prior written authorization of The Web Site Operator, you may not: (a) duplicate a Site or any of the Materials contained therein (except as expressly provided above); (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Site or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using The Web Site Operator’ name or marks; (h) “deep-link” to any page of any of the Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Site); (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; or (m) bookmark any page of any Site beyond the log-in screen. You agree to cooperate with The Web Site Operator in causing any unauthorized use to cease immediately. At any time, if the Site provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to any Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
VI. Not a Substitute for Your Personal Physician or Registered Dietician
The information provided on any Site (“Content”) is not a substitute for advice from either your personal physician or your personal registered dietician. Rather, it is information comparable to what you might read in a newspaper or magazine, hear on the radio or see on television. The Content is for informational purposes only; it is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on any Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. No Site recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on a Site. Reliance on any information on any Site is solely at your own risk.
VII. Terms and Conditions of Purchases of Items Ordered from Burn20 LLC
- A. Purchases, Returns and Complaints
We make every effort to satisfy our customers. While we believe that our staff is extraordinarily talented and careful, our staff members are human; and humans all make mistakes. By ordering a product from a Site, you agree that if you have a complaint about your order you will first bring the complaint to our attention, allowing us sixty (60) days to correct the problem or, when warranted, apply a credit to your credit card. And only if we fail to satisfactorily respond within that 60-day period will you ever complain to your credit-card issuer. If you fail to adhere to that policy, you agree to reimburse us for any bank charges incurred by us as a result of any resulting chargeback.
- B. Shipping
Estimated shipping costs will be added to the price of your purchase. You agree to accept our estimates.
- C. Returns
Any purchase may be returned within ten (10) days of your receipt thereof for full credit, less shipping only if it is unopened. Opening a product’s container constitutes acceptance of the product by you.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE WEB SITE OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE WEB SITE OPERATOR MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT THE WEB SITE OPERATOR CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE WEB SITE OPERATOR DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. THE WEB SITE OPERATOR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IX. Limitation of Liability
IN NO EVENT SHALL THE WEB SITE OPERATOR (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF The Web Site Operator HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE WEB SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL The Web Site Operator’S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless The Web Site Operator, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions. The Web Site Operator shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. The Web Site Operator may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
Some web Site which are linked to the Site are owned and operated by third parties. Because The Web Site Operator has no control over such Site and resources, you acknowledge and agree that The Web Site Operator is not responsible for the availability of such external Site or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such Site or resources. You further acknowledge and agree that The Web Site Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party Site, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
XII. Notice of Claimed Infringement
The Web Site Operator respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Web Site Operator the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on a Site;
(d) Your address, telephone number, and email address;
(e) 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; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Send the above to: Burn20, LLC
1835 East Hallandale Beach Boulevard, No. 530, Hallandale Beach, FL 33009
XII. Notice and Takedown Procedures
The Web Site Operator reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. The Web Site Operator reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
XIV. Export Control
You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
XV. Force Majeure
The Web Site Operator shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay The Web Site Operator’ performance.
XVI. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Florida, excluding its conflict of law provisions; and the parties hereby submit to the personal jurisdiction of the state and federal courts of the State of that state, which is exclusive venue for any litigation or arbitration permitted under this Agreement. Moreover, you agree that any dispute arising from your use of the Web Site(s) will be resolved exclusively by arbitration in Miami-Dade County, Florida; any arbitration award may be enforced in any court having jurisdiction over the party against whom the award is made. You further agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law and unemployment insurance claims. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Miami-Dade County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
Either party may seek interim injunctive relief prior to arbitration if it is warranted. However, permanent injunctive relief is the exclusive decision of the arbitrator.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
G. No Waiver
No waiver of The Web Site Operator shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Site and the Materials contained therein, and your membership with any of the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
The Web Site Operator reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. Your continued use of a Site following The Web Site Operator’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. The Web Site Operator does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by The Web Site Operator in writing, these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
L. Other Jurisdictions
The Web Site Operator makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.
XVII. Consumer Rights Information – California Residents
This Section applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Name of Service Provider: Burn20, LLC
Contact Mailing address: 1835 East Hallandale Beach Boulevard, No. 530 Hallandale Beach, FL 33009
Users who wish to gain access to the members-only section of any of the Web Site Operator Site must be a member in good standing. The Web Site Operator posts the current membership fees for each Site prior to the registration page for each Site. The Web Site Operator reserves the right to change the membership fees at any time. Users may contact The Web Site Operator at Burn20, LLC, 1835 East Hallandale Beach Boulevard, No. 530, Hallandale Beach, FL 33009 in order to resolve any billing disputes or to receive further information about any of the Site.
XVIII. COMPLAINTS – CALIFORNIA RESIDENTS
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.