Terms & Conditions

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 Certain Terms and Conditions may be modified and superceded by expressly designated legal notices or terms located on particular pages on this Site.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.

2.0 Export
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.

3.0 Trademarks
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.

4.0 Copyrights
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 this site.

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.

10.0 Linking
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 risk.

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 logo);
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 Burger Easton;
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.

12.0 Miscellaneous
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.