Terms & Conditions
Acceptance of this Agreement
Your access to and use of this website (henceforth also known as BurnhamSystem.com, site, eCommerce system, eCommerce site, eCommerce website, store) owned by The Burnham System, Inc. (henceforth also known as The Burnham System, TBS, Burnham System, we, us, our) is subject exclusively to these Terms and Conditions (henceforth also known as Agreement).
Per these Terms and Conditions 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. If you do not accept these Terms and Conditions you must 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 reserves the right to change or remove (temporarily or permanently) any service, page, or part of the BurnhamSystem.com website without notice and you confirm 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 and you 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 services, vouchers, and/or coupons) at any time, and you 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, and your continued use of BurnhamSystem.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, if they wish, create an account during the check out process. An 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, shall never 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 reasons. Example: taxes.
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.
All Copyrights associated with digital documents purchased and download from this website are the sole Intellectual Property of The Burnham System. Particular additional code segments and hardware reseources belong to The Burnham System's website developer and licensor, Appfunction.
Portable Document Format (PDF) digital documents, when purchased through our website, belong to and are forever 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.
Encrypted, Password Protected Portable Document Format (PDF) files downloaded from this website are password protected and encrypted. If you attempt to gain access into an Encrypted, Password Protected PDF file that is not yours, or you do gain access into an Encrypted, Password Protected PDF file that is not yours, you are knowingly and willfully violating The Burnham System's Copyright.
Encrypted, Password Protected PDF files downloaded from this website are annotatable. If you have a PDF Reader application capable of annotation, you may annotate the text written inside our PDF files.
You cannot print Encrypted, Password Protected PDF files that you download from this website. If you attempt to print our Encrypted, Password Protected PDF files, or you do print our Encrypted, Password Protected PDF files, you are knowingly and willfully violating The Burnham System's Copyright.
You cannot copy text from Encrypted, Password Protected PDF files that you download from this website. If you screen-capture, print-capture, hack, crack, rip, transfer, or attempt, or do in any way circumvent our Encrypted, Password Protected PDF files' DRM security parameters you are knowingly and willfully violating The Burnham System's Copyright.
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. Particular additional code segments and hardware resources belong to The Burnham System's website developer and licensor, Appfunction. 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 this website).
TBS and the TBS "Rhino Logo" are trademarks which belong to The Burnham System. They may not be used, copied, or reproduced in any way without written consent from Raymond Burnham or an acting Owner, President, and/or CEO of The Burnham System.
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.
Upon viewing, receiving, or purchasing any and all TBS websites or products you agree to never freely or for profit attempt to copy, reproduce, and/or replicate any of our products 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).
Upon viewing, receiving, or purchasing any and all TBS products or services you agree to never freely or for profit redistribute an original, copied, or replicated Burnham System product or service.
Upon viewing, receiving, or purchasing any and all TBS products you agree to never freely or for profit attempt to copy, reproduce, and/or replicate any of our products or any portion of their contents.
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 this Agreement 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.
Items purcahsed from BurnhamSystem.com then shipped to certain parts of the world or downloaded from certain parts of the world may be subject to tax.
Items sold on BurnhamSystem.com and shipped to destinations in the following US states may be subject to sales tax:
- New Jersey
- New York
- North Dakota
If you attempt, through our website, to ship one or more of our products, to one or more of the aforementioned states or another location that collects sales tax, The Burnham System will give you, just prior to purchase, an automatic discount, exactly equal to the amount of any and all taxes you may owe to the state and/or states or counties or municipalities to which you plan to ship our product(s).
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 and you acknowledge and agree that we are not responsible for the content or availability of any such websites.
Limitations of Liability
BurnhamSystem.com is 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 website.
TBS makes no warranty that the functionality of BurnhamSystem.com will be uninterrupted or error free, that defects will be corrected, or that BurnhamSystem.com or the server that makes it 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.
You agree to indemnify and hold Appfunction and its partners, employees, and/or agents or 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 Appfunction and 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.
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 The United States of America.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These Terms and Conditions together with any documents expressly referred to in them, 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 in respect of any misrepresentation which has not been made expressly in this Agreement.
Modifications to this Agreement
The Burnham System and Appfunction reserve the right to add, delete, or modify any provision held within this Agreement at any time without notice.
This eCommerce Agreement is authored and maintained by Raymond Burnham with the extraordinary help of Appfunction.