PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with G Burns and Associates LLC, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify G Burns and Associates LLC for violations of these Site Terms.
Ownership of the Site and its Contents - This Site is owned by G Burns and Associates LLC. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("G Burns and Associates LLC Content"), is owned by G Burns and Associates LLC, its licensors, or its third-party image partners.
All elements of the Site, including the G Burns and Associates LLC Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site - This Site and the G Burns and Associates LLC Content are intended for customers of G Burns and Associates LLC. You may not use this Site or the G Burns and Associates LLC Content for any purpose not related to your business with G Burns and Associates LLC. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the G Burns and Associates LLC Content without, or in violation of, a written license or agreement with G Burns and Associates LLC; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the G Burns and Associates LLC Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any G Burns and Associates LLC product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the G Burns and Associates LLC Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy - In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, G Burns and Associates LLC has adopted a policy of terminating, in appropriate circumstances and at G Burns and Associates LLC sole discretion, account holders who infringe the intellectual property rights of G Burns and Associates LLC or any third party.
Copyright Complaints - If you believe that any material on the Site infringes upon any copyright that you own or control, you may file and submit a notification of such infringement to the following:
G Burns and Associates LLC
40 Ingram Street
Forest Hills, NY 11375
Phone: (917) 470-0368
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
Trademarks - The “BEST – Become Exceptional Starting Today” registered trademark, the G Burns and Associates LLC logo, and any other product or service names or slogans contained in the Site are trademarks of G Burns and Associates LLC and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of G Burns and Associates LLC or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "BEST" or any other name, trademark or service name of “BEST – Become Exceptional Starting Today” without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of G Burns and Associates LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links - You may not use a G Burns and Associates LLC logo or other proprietary graphic of G Burns and Associates LLC to link to this Site without the express written permission of G Burns and Associates LLC. Further, you may not frame any G Burns and Associates LLC trademark, logo or other proprietary information, including the G Burns and Associates LLC Content, without express written consent from G Burns and Associates LLC.
G Burns and Associates LLC makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of G Burns and Associates LLC and G Burns and Associates LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. G Burns and Associates LLC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by G Burns and Associates LLC of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that G Burns and Associates LLC shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Account Security - In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify G Burns and Associates LLC immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
Press Releases - The information contained within press releases issued by G Burns and Associates LLC should not be deemed accurate or current except as of the date the release was posted. G Burns and Associates LLC has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information - G Burns and Associates LLC may provide links to third-party websites or services that contain financial or investment information about G Burns and Associates LLC. Access to such websites and the information contained therein is provided as service to those interested in the information. G Burns and Associates LLC neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, G Burns and Associates LLC does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. G Burns and Associates LLC makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
Indemnification - You agree to defend, indemnify and hold harmless G Burns and Associates LLC, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the G Burns and Associates LLC Content, or your violation of any rights of another.
Disclaimer - THIS SITE AND THE G Burns and Associates LLC CONTENT ARE PROVIDED "AS IS" AND G Burns and Associates LLC AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. G Burns and Associates LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE G Burns and Associates LLC CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT G Burns and Associates LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE G Burns and Associates LLC CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE G Burns and Associates LLC CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
G Burns and Associates LLC uses reasonable efforts to ensure the accuracy, correctness and reliability of the G Burns and Associates LLC Content, but we make no representations or warranties as to the G Burns and Associates LLC Content's accuracy, correctness or reliability.
G Burns and Associates LLC offers a search feature within the Site. G Burns and Associates LLC explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. G Burns and Associates LLC also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability - IN NO EVENT SHALL G Burns and Associates LLC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE G Burns and Associates LLC CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM G Burns and Associates LLC, 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 G Burns and Associates LLC' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF G Burns and Associates LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO G Burns and Associates LLC FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue - Any dispute relating in any way to your use of the Site or the G Burns and Associates LLC Content shall be submitted to confidential arbitration in the City of New York, except that, to the extent you have in any manner violated or threatened to violate G Burns and Associates LLC intellectual property rights, G Burns and Associates LLC may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Termination - Notwithstanding any of these Site Terms, G Burns and Associates LLC reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Miscellaneous Provisions - Any waiver of any provision of the Site Terms will be effective only if in writing and signed by G Burns and Associates LLC. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms - G Burns and Associates LLC reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information - Questions or comments about the Site or Site Terms may be directed to G Burns and Associates LLC at firstname.lastname@example.org or by calling (917) 470-0368.
© 2012 - 2013 G Burns and Associates LLC. All Rights Reserved.
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