BURNELL & ASSOCIATES INC.


BURNELL & ASSOCIATES INC.  
 

Terms Of Use 
 Legal Notice

BURNELL & ASSOCIATES INC. (B&A) maintains this site ("the Site") for your personal information, education and communication. Feel free to browse the Site, but please read these Terms and Conditions and our Privacy Policy before doing so. Each time you use the Site you expressly intimate to B&A your acceptance and agreement, and the acceptance and agreement of any legal person you purport to represent, without limitation or qualification, to abide by and to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself, any legal person or organization you purport to represent. You acknowledge and agree that this Agreement is subject to change without advance notice. However, the latest Agreement will be posted on the Site and you should review the Agreement prior to each use of the Site. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

Ownership - Copyrights - Trademarks

The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by B&A or third parties with all rights reserved unless otherwise noted. The Site contains Content that has copyright, trademark, name, trade name, statement, title, image, design, logo or service mark (Valuable Marks) protection and All Rights Reserved. Any Valuable Mark is either unregistered, pending registered or registered with All Rights Reserved to B&A or third parties. B&A neither warrants nor represents that your use of Content and Valuable Marks displayed on the Site will not infringe on the rights of third parties. Your use of any Content and Valuable Mark, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. B&A will aggressively enforce its Valuable Marks and intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Terms and Conditions

  1. These Terms and Conditions set forth form the entire understanding and agreement between you and B&A with respect to the Site. You acknowledge that any other agreements between you and B&A without written permission of the Content owner with respect to the Site are superseded and of no force or effect.
  2. Unauthorized use of the Content is strictly prohibited and is a violation of the Rights Of B&A and or third parties, including, without limitation, copyright laws, trademark laws, the laws of privacy and publicity.
  3. With the exception of images of people or places you may download one single hard copy of the Content displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the Valuable Marks or other proprietary notices contained in the Content. You may not modify, alter or change any Content or Valuable Mark, or distribute, publish, transmit, reuse, re-post or use the Content of the Site for public or commercial purposes.
  4. While B&A uses reasonable efforts to include accurate and up to date information in the Site, B&A makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site. Furthermore, it is your responsibility to ensure the Content you are using is current and from the Site on the date of use and is not cached or a copied page from your ISPs server, your own computer, or any other third party site.
  5. Information in the Site is subject to change without notice. Information regarding the products and services distributed by B&A is applicable only in Canada and the United States unless otherwise noted. Some products and services may not be available or applicable in certain areas. B&A makes no representations that the Content in this Site is appropriate or available for use in other countries and or in certain areas of Canada and the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
  6. Any personal data (such as name, position/title, organization, address, telephone number, fax number, email address) you transmit to the site electronically or otherwise will be used by B&A in accordance with the Sites Privacy Policy.
  7. From time to time, B&A may ask that you transmit by electronic mail or otherwise your questions, comments or feedback on the products and/or services distributed by B&A. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by B&A, (b) become the property of B&A and B&A shall exclusively now and hereinafter own all rights, title and interest therein, and (c) be used without restriction by B&A or its Distributors, Suppliers and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, B&A shall be under no obligation to respond to any such communication.
  8. This Site may link to other sites which may or may not be maintained by or related to B&A. Some of these hyperlinks are provided as a service to users and are not necessarily sponsored by, endorsed or otherwise affiliated with this Site or with the products and services distributed by B&A. B&A has not nor does it intend to review the sites linked to the Site regardless whether they are or are not sponsored by, endorsed or otherwise affiliated with this Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at solely at your own risk.
  9. Software distributed from this Site may be subject to Canadian Export Controls. No software from this Site may be downloaded or exported into (or to a national or resident of) any other country to which Canada has embargoed goods. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  10. You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or otherwise violate any federal, provincial, territorial, municipal or national law. B&A will fully cooperate with any law enforcement agency to disclose the identity of anyone posting or transmitting any such information or materials; and you are prohibited from using the Site to advertise or perform any commercial solicitation.
  11. The Site may contain statements, estimates or projections that constitute forward-looking statements. Generally, the words (such as will, project, intend, expect, believe, estimate, anticipate and similar expressions) identify forward-looking statements, which are not necessarily historical in nature. Such forward-looking statements are subject to certain risks and uncertainties that could result or cause actual results to differ materially from B&A historical experience and our present expectations or projections. These risks include, but are not limited to, our ability to finance expansion plans, general operating activities, changes in business environment, including actions of competitors, changes in consumer preferences, changes in economic and political conditions, our ability to penetrate developing and emerging markets, the effectiveness of our advertising or marketing programs, regulatory or legal changes and other unidentified risks. You should not place undue reliance on forward-looking statements and B&A undertakes no obligation to publicly update or revise any forward-looking statement.
  12. Your use of and browsing in the Site is done at the user's own risk. Neither B&A, its Officers or Directors nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any products, software, applications, materials, data, text, images, video or audio from the Site, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of and such damages, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you "As Is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
  13. B&A is a corporation under the laws of the Province of Alberta, Canada. The Site is physically maintained and operated by B&A within the Province of Alberta. This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada as applicable therein and should be treated as an Alberta contract without reference to the principals of the conflict of law. All disputes arising from or in connection with the Site shall be subject to the jurisdiction of the Courts of the Province of Alberta. You agree to the exclusive jurisdiction of the Courts of the Province of Alberta to finally adjudicate and legal proceeding arising out of or in connection with the Site. Any disputes shall be submitted to the non-exclusive jurisdiction of the Courts of Alberta.
  14. You agree to indemnify, defend and hold B&A, its Officers, Directors, Employees, Distributors and Others associated with the creation of, maintenance of and or delivery of, harmless from any liability, loss, claim, demand, and expense, including reasonable lawyers fees, related to your use of the Site.
  15. In the event that any part of a provision of the Terms Of Use set out are held to be invalid, unenforceable, or void, such provision shall, by the adjudicating body, be applied to fullest extent possible and only to the extent absolutely necessary to comply with applicable law. If any provision is held to be invalid, unenforceable, or void, such provision shall be severed from the Terms of Use, however such determination shall not affect the validity and enforceability of any other remaining provisions.

Consent To This Agreement

By using the Site, you consent to the Terms and Conditions as specified above. If we decide to change the Terms of Use, those changes will be posted on this page.


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