Terms And Conditions of Use
By downloading or using any Burger Easton, Inc.
("Burger Easton") Web site ("Site") information (including, without
limitation, Burger Easton software, and any services provided on any of
the sites managed or owned by Burger Easton (collectively, the "Burger
Easton Sites")), you agree to be bound by these Terms and Conditions,
Acceptable Use Guidelines, and Privacy Statement.
If you do not agree to be bound by the Burger Easton Terms and
Conditions, Acceptable Use Guidelines, and Privacy Statement, you should
discontinue your use of this Site.
Please read the Terms and Conditions ("Terms and Conditions"), the
Acceptable Use Guidelines ("Guidelines"), and the Burger Easton Privacy
Statement ("Privacy Statement") before using the Site. These Terms and
Conditions, Guidelines, and Privacy Statement may also be referred to
collectively as the "Rules".
Burger Easton may revise these Terms and Conditions in part, at any time
without notice. Accordingly, you should periodically visit this page to
determine the current Terms and Conditions to which you are bound. Such
changes will be posted on the Site and such postings will constitute
notice to you. Certain Terms and Conditions may be modified and
superceded by expressly designated legal notices or terms located on
particular pages on this Site. Your continued use of the Site after the
posting of any such change constitutes your acceptance of all the
changes. If at any time you do not agree to be bound by these Rules you
should immediately end your use of the Site.
1.0 Applicable Laws
This Site is controlled and operated by Burger Easton from its offices
in Farmington Hills, Michigan, United States. Burger Easton makes no
representation that materials on this Site are appropriate or available
for use outside of the United States. Those who choose to access this
Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. Any claim
relating to, and the use of, this Site are governed by the laws of the
State of Michigan, United States of America, without giving effect to
any principles of conflicts of laws.
The United States export control laws regulate the export and reexport
of technology originating in the United States. This includes the
electronic transmission of information and software to foreign countries
and to certain foreign nationals. User agrees to abide by these laws and
their regulations -- including but not limited to the Export
Administration Act and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content (hereinafter
defines in section 4.0) derived from the Site to either a foreign
national or a foreign destination in violation of such laws.
The trademarks, service marks and logos (the "Trademarks") used and
displayed on this Site are registered or unregistered trademarks or
servicemarks of Burger Easton, unless otherwise noted. Nothing on this
Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademark or servicemark
displayed on the Site.
User acknowledges that this Site contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and
other material (collectively "Content") that are protected by
copyrights, trademarks, servicemarks, trade secrets, or other
proprietary rights, and that these rights are valid and protected in all
forms, media and technologies existing now or hereinafter developed. All
Content is copyrighted as a collective work under the United States
copyright laws, and Burger Easton owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content. User may not
modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way
exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, Users may make copies of select portions of
the Content, provided that the copies are made only for User's personal
use and that User maintains any notices contained in the Content, such
as all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted by
the fair use privilege under the United States copyright laws (see,
e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or
distribute in any way Content protected by copyright, or other
proprietary right, without obtaining permission of the owner of the
copyright or other propriety right.
5.0 User Transmission
Any material, information, idea or other communication you transmit to
or post on this Site by any means will be treated as non-confidential
and non-proprietary, and may be disseminated or used by Burger Easton
and/or its designees for any purpose whatsoever including, but not
limited to developing and manufacturing products ("Communications").
Burger Easton will have no obligations with respect to the
Communications. Burger Easton and its designees will be free to copy,
disclose, distribute, incorporate and otherwise use the Communications
and all data, images, sounds, text, and other things embodied therein
for any and all commercial and non-commercial purposes. You are
prohibited from posting or transmitting to or from this Site any
unlawful, threatening, hateful, abusive, harassing, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material, racially, ethnically or otherwise objectionable material of
any kind, including but not limited to any other material that
encourages conduct that would constitute a criminal offense or any other
material that could give rise to any civil claim or otherwise violates
an applicable local, state, national or international law.
6.0 Collection and Use of Personal Information
While you are on the Site, we will be collecting information, unless it
is specifically stated otherwise. If any company other than Burger
Easton is collecting personal information (other than companies
collecting information on Burger Easton behalf), you will be notified
prior to the time of collection or prior to the transfer of information
to a third party by Burger Easton. Please refer to the Privacy Statement
for the Burger Easton privacy policies and information practices.
7.0 No Resale of Burger Easton Site
The Site is for personal use of users only and may not be copied,
resold, leased, transferred, exchanged or bartered.
8.0 Warranty Disclaimers
Burger Easton disclaims all warranties, express or implied, including,
without limitation, warranties of quiet enjoyment and non-infringement
and any implied warranties of merchantability, warranties of title,
fitness for a particular purpose, merchantability of computer programs
and informational content, including any warranties concerning Year 2000
compliance of products or software sold or otherwise made available on
9.0 Y2K Disclaimer
To the maximum extent permitted by applicable law, Burger Easton
disclaims any representations or warranties regarding Year 2000 issues
or compliance and Burger Easton makes no representations and assumes no
liability regarding whether any of the services provided by Burger
Easton are Year 2000 compliant other than in its Y2K Compliance
Statement. For further information, please see the Burger Easton Y2K
Compliance Statement posted in this Site.
Links to third party Web sites may be provided on this Site. If so, they
are provided solely as a convenience to you. If you use these links, you
will leave this Site. Burger Easton has not reviewed all third party
sites and does not control and is not responsible for any of these sites
or their content. Burger Easton does not endorse or make any
representations about such sites, or any information or materials found
there, or any results that may be obtained from using them. If you
access any third party sites linked to this Site, you do so at your own
If you would like to link to this Site, the following guidelines apply.
A site that links to this Site:
Should not imply, either directly or indirectly, that Burger Easton is
endorsing its products or services;
Should not use any trademarks or servicemarks (i.e., the Burger Easton
Should not contain content or material that could be construed as
offensive, controversial, or distasteful and should only contain content
that is appropriate for all age groups;
Should not disparage Burger Easton or its products in any way or
otherwise negatively effect or harm the reputation and goodwill of
Should not present false or misleading information about Burger Easton;
Should not misrepresent any relationship with Burger Easton;
Should not replicate in any manner any content in the Site; and
Should not create a browser or border environment around Site material;
11.0 Liability Limitation.
Burger Easton shall not be liable for nonperformance or delay in
performance caused by any reason, whether within or outside of its
control. User expressly agrees that use of the Site is at User's sole
risk. Neither Burger Easton, nor its affiliates, nor any of their
officers, directors, employees, agents, third-party content providers,
merchants, sponsors, licensors (collectively, "Providers"), or the like,
warrant that the Site will be uninterrupted or error-free; nor do they
make any warranty as to the results that may be obtained from the use of
this Site, or as to the accuracy, reliability, or currency of any
information content, service, or merchandise provided through the Site.
THIS SITE IS PROVIDED BY BURGER EASTON ON AN "AS IS" AND "AS AVAILABLE"
BASIS. BURGER EASTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, BURGER EASTON DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BURGER EASTON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BURGER EASTON
NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER
RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Burger Easton or any other party involved
in creating, producing, or distributing this Site be liable for any
direct, indirect, incidental, special, exemplary, punitive or
consequential damages that result from the use of or inability to use
this Site, including but not limited to reliance by a User on any
information obtained from this Site or that result from mistakes,
omissions, interruptions, deletion of files or email, errors, defects,
viruses, delays in operation or transmission, or any failure of
performance, whether or not resulting from acts of God, communications
failure, theft, destruction, or unauthorized access to Burger Easton
records, programs, or services. User hereby acknowledges that this
paragraph shall apply to all content, merchandise, and services
available through this Site. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such states liability is limited to the fullest extent
permitted by law.
Entire Agreement. These Rules (as may be modified by updated Rules on
the Burger Easton Site) together constitute the sole agreement between
Burger Easton and you respecting the subject matter hereof and fully
supersede any and all other agreements, either oral or in writing. You
acknowledge and agree that you have read the Rules and understand and
accept their terms. Legal Actions. These Rules will be governed by and
construed in accordance with the laws of the State of Michigan, United
States, excluding its conflict of laws principles. The exclusive
personal jurisdiction of and venue for all disputes arising out of these
Rules shall be the state and federal courts located in Detroit,
Michigan, United States, and you consent to such exclusive jurisdiction
and waive all objections to such jurisdiction and venue. Severability.
If any provision of these Rules is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to
comply with applicable laws, and the remainder shall remain in full
force and effect. No Waiver. Any failure of Burger Easton to enforce any
provision of these Rules shall not constitute a waiver of any rights
under such provision or any other provision of these Rules.
© Copyright 2003 Burger Easton, Inc. All rights reserved.