Terms and Conditions

Acceptance of this Agreement

Your access to and use of this website (henceforth also known as BurnhamSystem.com, InsuranceDesignations.com, site, eCommerce system, eCommerce site, eCommerce website, store, The Burnham System, and/or TBS) owned by The Burnham System, Inc. and/or Ray Burnham (henceforth also known as Insurance Designations, The Burnham System, TBS, Burnham System, we, us, our) is subject exclusively to these Terms and Conditions together with any documents expressly referred to in them; including, but not limited to, our Privacy Policy and Legal Notices.

Per these Terms and Conditions (henceforth also known as this Agreement) you agree that you will not use BurnhamSystem.com for any purpose that is unlawful or prohibited by this Agreement.
By using BurnhamSystem.com you are fully accepting all terms, conditions, provisions, measures, agreements, and disclaimers contained in this notice.
The primary condition is that you not share our content with any other person.
Your primary remedy is limited to the return of your paid fee.
If you do not accept these Terms and Conditions, immediately stop using BurnhamSystem.com forthwith and indefinitely.

Notice of Advice

The contents of BurnhamSystem.com do not constitute legal advice and should not be relied upon in the making of, or the refraining from, the making of any decision.

Changes to our Website, Software, and/or Services

TBS (The Burnham System) reserves the right to change or remove (temporarily or permanently) any service, page, or part of the BurnhamSystem.com and/or the InsuranceDesignations.com websites without notice.
You understand that TBS shall not be liable to you for any such change or removal.

TBS reserves the right to change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, and/or pricing) as advertised on this website at any time without notice.
You understand and confirm that TBS shall not be liable for any such change or removal.

TBS reserves the right to change or discontinue any promotional discount (including but not limited to any discounts, services, vouchers, and/or coupons) at any time.
You understand and confirm that TBS shall not be liable for any such change or removal.

TBS reserves the right to change these Terms and Conditions at any time
Your continued use of BurnhamSystem.com and/or InsuranceDesignations.com following any changes shall be deemed your acceptance of such changes.

User Account Rights

You must be registered with BurnhamSystem.com and have an active user account (henceforth also known as account) before you may complete an order through our website.
Users may create an account during the check out process. A
n active account must contain your real name (first and last), your email address, and a password of your choosing.

If you do not know your user account password, or you forget your user account password, you must use the Forgot Password page to recover your password.
Do not ask a member of TBS to provide you your user account password, because we do not store passwords in a human readable format, we will be unable to assist you.

Upon registering with BurnhamSystem.com you agree and acknowledge that your account's username shall be the email address listed within your account's Account Information section.
You may change your username at any time by changing the email address listed within your user account's Account Information section.

Upon registering with BurnhamSystem.com you agree and acknowledge that your user account and any personal information, held within your account, might not ever be deleted or removed from our records.
The information held within your user account may include but is not limited to your full name, your email address, your mailing address, your shipping address, your billing address, your phone/fax number, your order records, your employees' names, your employees' email addresses, your employees' mailing addresses, your employees' shipping addresses, your employees' billing addresses, your employees' phone/fax numbers, your employees' order records, your company's name, your company's email address, your company's mailing address, your company's shipping address, your company's billing address, your company's phone/fax number, and your company's order records.

TBS retains customer records indefinitely for legal and accounting reasons.

TBS does not retain credit card records, with the exception of the last 4 digits of the credit card number used to place an order through our website.

You may request to have your email address removed from our newsletter and various other promotional emailing lists, at any time.
Upon removal from our emailing list records, your email address will not be deleted from our customer user account records, unless we deem it necessary.

User Digital Document Rights

All Copyrights associated with digital documents purchased and download from this website are the sole intellectual property of The Burnham System, Inc and/or Ray Burnham and/or his heirs and/or assigns. 

Portable Document Format (PDF) digital documents, when purchased through our website, belong to and are tied to the user account that rendered payment for the PDF, not to the person or entity that provided payment.

You may not purchase a PDF from our website for any other individual or for any employer.
It is for your use alone and you must agree to that stipulation.

Invoices

Unless otherwise stated on an individual invoice, invoices are due within 30 calendar days of purchase.
Failure to pay an invoice within that timeframe may result in loss of access to one's user account and/or digitally downloadable products.

The intellectual property rights in this website and the materials on or accessible via this website belong to The Burnham System, Inc. and/or to Ray Burnham. This website and the materials on or accessible via it and the intellectual property rights therein may not be copied, distributed, published, licensed, used, or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using purchased content, or free samples, to prepare for related insurance exams).

TBS and the TBS "Rhino Logo" are trademarks which belong to The Burnham System, Inc. and/or Ray Burnham.  They may not be used, copied, or reproduced in any way without written consent from Ray Burnham or an acting Owner, President, and/or CEO of The Burnham System, Inc.

For these purposes Intellectual Property Rights includes the following (wherever and whenever arising and for the full term of each of them) any patent, trademark, trade name, service mark, service name, design, design right, copyright, database, database right, moral rights, know how, trade secret, or other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

Upon viewing, receiving, or purchasing any and all TBS websites, products, or services you agree to never freely or for profit redistribute an original, copied, or replicated Burnham System product or service or any portion of their contents.

Digital Rights Management

The Burnham System reserves the right, at any time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of our services, including but not limited to Portable Document Format (PDF) Digital Rights Management (DRM), our PDFs, and/or our MP3s.

Upon viewing, receiving, or purchasing any TBS products or services you agree to never freely or for profit redistribute an original, copied, or replicated Burnham System product or service.

If you fail, or TBS suspects that you have failed, to comply with any of the provisions of this Agreement, TBS, at its sole discretion, without notice to you may, terminate and/or disable your Account; and/or terminate the license to the software you have purchased; and/or preclude you access to our services, or any part thereof.

Links to Third Party Websites

BurnhamSystem.com may include links to third party websites that are controlled and maintained by others.
Any link to another's website or websites is not an endorsement of such websites unless so clearly stated and you acknowledge and agree that we are not responsible for the content or availability of any such websites.

Limitations of Liability

BurnhamSystem.com and InsuranceDesignations.com are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. TBS does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and TBS disclaims any liability relating thereto.

To the extent permitted by law, TBS will not be liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business, opportunity, data, and/or profits) arising out of or in connection with the use of the BurnhamSystem.com or InsuranceDesignations.com websites.

TBS makes no warranty that the functionality of BurnhamSystem.com or InsuranceDesignations.com websites will be uninterrupted or error free, that defects will be corrected, or the server that makes content available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of TBS for death or personal injury as a result of the negligence of TBS or that of its partners, employees, and/or agents.

Indemnity

You agree to indemnify and hold The Burnham System and its partners, employees, and/or agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the website owner, provider, its partners, employees, and/or agents or The Burnham System and its partners, employees, and/or agents arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.

Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

Applicable Law and Dispute

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Massachusetts and The United States of America whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Massachusetts in The United States of America.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement

These Terms and Conditions together with any documents expressly referred to in them; including, but not limited to, our Privacy Policy and Legal Notices, contain the entire Agreement between us relating to the subject matters covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions.
In agreeing to these Terms and Conditions, you have not relied on any representation other than those expressly stated in these Terms and Conditions and you agree that you shall have no remedy (other than return of your paid fee) in respect of any misrepresentation which has not been made expressly in this Agreement.

Modifications to this Agreement

The Burnham System reserve the right to add, delete, or modify any provision held within this Agreement at any time without notice.

Authoring

This eCommerce Agreement is authored and maintained by Ray Burnham (Raymond Marcy Burnham II). 

Consent

By using our website, including any and all affiliated web services owned by us, you consent to our Terms & Conditions, Privacy Policy, and Legal Notices; collectively known as our Terms of Service.