These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use of the internet Website located at https://www.burnco.com (the “Website”), owned and operated by BURNCO Rock Products Inc. (“BURNCO”, “we”, “our” or “us”).
BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT ACCESS OR USE THE WEBSITE.
We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion. We will include a link to the previous version of the terms beneath the new “Last Updated” date. If you do not agree to any amendments to this Agreement, you can terminate this Agreement or otherwise stop accessing or using the Website. There is no cost or penalty to doing so. If you do not cease using the Website during that time, then by your continued use, you are considered to have accepted the amendments.
Access to and use of this Website is provided for informational purposes only in respect of BURNCO’s business, services, products and other general materials made available to you from time to time in BURNCO’s sole and absolute discretion, and is subject to the terms, conditions, limitations and disclaimers provided in this Agreement. The Website is not intended for consumer use, i.e. for personal, household or family use
In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.
All material available on the Website and all material and services provided by or through BURNCO, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, BURNCO grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. You are not permitted to download, copy or otherwise store any Materials.
If BURNCO, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Website, then BURNCO may immediately suspend access to or use of the Website. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. BURNCO has no liability to you for suspending the Website under this provision.
The Term of this Agreement commences upon your acceptance thereof and continues until terminated by either of us in accordance with its terms.
BURNCO reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. BURNCO reserves the right to modify, suspend or discontinue the Website, or any portion thereof, at any time and for any reason, with or without notice.
You may terminate this Agreement at any time by ceasing to access or use the Website.
You agree that you will not transmit to or through the Website or otherwise use the Website in a manner that:
(a) infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
(b) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
(d) is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
(e) is harmful to minors in any way;
(f) is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by BURNCO;
(g) impersonates a BURNCO employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Website or a portion thereof without proper authorization;
(h) interferes or attempts to interfere with the proper working of the Website or prevents others from using the Website, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website, or that otherwise negatively affects other persons’ ability to use the Website;
(i) uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Website or the content contained therein;
(j) facilitates the unlawful distribution of copyrighted content;
(k) except as expressly permitted by BURNCO, licenses, sublicenses, rents or leases the Website to third parties, or uses the Website for third party training, commercial time-sharing or service bureau use;
(l) includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Website to users;
(m) constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
(n) stalks or otherwise harasses anyone on the Website or using the Website or with information obtained from the Website;
(o) collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
(p) requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Website for the purposes of automating logins to the Website;
(q) attempts to gain unauthorized access to the computer systems of BURNCO or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website;
(r) posts adult or obscene content;
(s) decompiles or reverse engineers or attempts to access the source code of the software underlying the Website, the Website or any other BURNCO technology;
(t) copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Website;
(u) accesses the Website for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Website;
(v) accesses the Website for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
(w) accesses the Website to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the Website; (ii) interfering with the proper working, functionality or performance of the Website; or (iii) preventing others from accessing or using the Website.
YOUR USE OF THE WEBSITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE WEBSITE AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BURNCO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
BURNCO DISCLAIMS ANY WARRANTY THAT THE WEBSITE INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME BURNCO MAY REMOVE THE WEBSITE OR CEASE PROVIDING THE WEBSITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE WEBSITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE WEBSITE OR OTHER ACTIONS THAT BURNCO, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.
BURNCO IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY BURNCO OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY BURNCO, TELECOMMUNICATIONS PROVIDERS OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY BURNCO.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE WEBSITE. BURNCO DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE WEBSITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT
THE WEBSITE ARE OFFERED AND CONTROLLED BY BURNCO FROM ITS FACILITIES IN CANADA. BURNCO MAKES NO REPRESENTATIONS THAT THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
The Website may permit you to link to other Websites or resources on the Internet, and other Websites or resources may contain links to the Website. These other Websites are not under BURNCO’s control, and you acknowledge that BURNCO is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such Websites or resources. The inclusion of any such link does not imply endorsement by BURNCO or any association with its operators. You further acknowledge and agree that BURNCO will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such Website or resource. Access and use of third party Websites, including the information, material, products and services on third party Websites or available through third party Websites, is solely at your own risk.
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL BURNCO OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF BURNCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. BURNCO’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO $50. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BURNCO’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND
THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY WEBSITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN BURNCO AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED BY YOU ON ANY THIRD PARTY WEBSITES. YOU ALSO AGREE THAT BURNCO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE
BURNCO will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Website and/or the Website
You agree to indemnify, defend, and hold harmless BURNCO, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Website or the Website, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Website; (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. BURNCO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BURNCO and you agree to cooperate with BURNCO’s defense of these Claims. You agree not to settle any matter without the prior written consent of BURNCO. BURNCO will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
If there is any dispute between you and BURNCO about or involving this Agreement, the Website or the Website, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.
You agree that if BURNCO does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which BURNCO has the benefit of under any applicable law), this will not be taken to be a formal waiver of BURNCO’s rights and that those rights or remedies will still be available to BURNCO.You agree that if BURNCO does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which BURNCO has the benefit of under any applicable law), this will not be taken to be a formal waiver of BURNCO’s rights and that those rights or remedies will still be available to BURNCO.
The sections of “Intellectual Property Rights”, “Disclaimer of Warranties”, “Third Party Websites and Content”, “Exclusive Remedy and Limitation of Liability”, “Indemnity”, “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.