Welcome to our Web site. By using our site, you are agreeing to comply with
and be bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use this site.
The term “Burke Hedges”, “Backbone Worldwide, Inc.”,
“us” or “our” refers to Backbone Worldwide, Inc. The
term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as allowed by Section
6 below, is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any right
in such information and materials. Our Copyright Agent for Notice of claims
of copyright infringement on the Site is Backbone Worldwide, Inc. who can be
reached as follows: By e-mail: Info@burkehedges.com Any and all transmissions
by email, fax, mail or any form of transmission by our site or from any member
of our firm or affiliate with all users of this site are STRICTLY CONFIDENTIAL.
Any copying, printing, forwarding or use of any transmissions in any way to
any third party is a violation of use of this site. Any and all users that violate
will be deleted from the system and NO refunds will apply with any user. Legal
recourse can be expected for any violation of this section and user agrees to
pay all reasonable attorney fees to enforce this section. Any documented intention
to violate this section is cause for immediate termination of service with no
refund for all users.
Backbone Worldwide, Inc.
11880 34th Street North
Clearwater, FL 33762
3. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal, personal,
non-commercial purposes provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part of the Site
or its contents may be used by you in any litigation or arbitration matter whatsoever
under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein
are subject to the following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose permitted by Section
4 above), republish, display, distribute, transmit, sell, rent, lease, loan
or otherwise make available in any form or by any means all or any portion of
the Site or any Content and Materials retrieved from it; (b) use the Site or
any materials obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create compilations or derivative
works of any Content and Materials from the Site; (d) use any Content and Materials
from the Site in any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary notice or
terms of use contained in the Site; (f) make any portion of the Site available
through any service bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile, disassemble or reverse engineer
any Site software or use any network monitoring or discovery software to determine
the Site architecture; (h) use any automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose of gathering information for
or transmitting (1) unsolicited commercial email; (2) email that makes use of
headers, invalid or nonexistent domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions; (j) use the
Site in a manner that violates any state or federal law regulating email, facsimile
transmissions or telephone solicitations; and (k) export or re-export the Site
or any portion thereof, or any software available on or through the Site, in
violation of the export control laws or regulations of the United States.
6. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information or other content
appearing on the Site.
7. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic information.
8. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, advertisers, product and service providers, and
affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense related to your violation of this Agreement
or use of the Site.
9. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
assignable.
10. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”,
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
11. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in
or omissions from the Site or any services or products obtainable therefrom,
(b) the unavailability or interruption of the Site or any features thereof,
(c) your use of the Site, (d) the content contained on the Site, or (e) any
delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE
AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR
HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
12. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat any Submission
as confidential, and will not be liable for any ideas (including without limitation,
product, service or advertising ideas) and will not incur any liability as a
result of any similarities that may appear in our future products, services
or operations. Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and nature everywhere.
We will be entitled to use the Submission for any commercial or other purpose
whatsoever, without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you submit, and
you, not us, have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
13. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of or purchase from
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
14. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or commitments
on behalf of the other.
15. Payments.
You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, (iii) you
will pay the charges incurred by you at the posted prices, including any applicable
taxes and (iv) you agree to pay any and all reasonable attorney's fees to collect
any payment due Burke Hedges.com or Backbone Worldwide, Inc. through worthless
checks, bad checks, invalid checks or chargebacks through credit card companies.
You also agree to pay any and all reasonable attorney's fees resulting from
any claim from Burke Hedges.com or Backbone Worldwide, Inc. regarding slander,
fraud, malice, defamation of character or third party arbitration. Any and all
such claims will be in a Pinellas County, Florida court of law.
16. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives (particularly with
respect to product and service offerings), that are forward-looking statements.
These statements are based upon a number of assumptions and estimates which
are subject to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans,"
"intends," "will" and similar expressions are intended to
identify forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for sale of
any securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
17. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
18. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located
on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site
can be reached by directing an e-mail to the Copyright Agent at info@burkehedges.com.
19. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
20. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the Content and
Materials provided therein.
21. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in
Pinellas County, Florida, and shall be governed by and construed in accordance
with the laws of the State of Florida (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any information,
Documents, products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 16 and Section
17. The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not apply
in interpreting this Agreement. This Agreement and all incorporated agreements
and your information may be automatically assigned by us in our sole discretion
to a third party in the event of an acquisition, sale or merger. If any provision
of this agreement is held illegal, invalid or unenforceable for any reason,
that provision shall be enforced to the maximum extent permissible, and the
other provisions of this Agreement shall remain in full force and effect. If
any provision of this Agreement is held illegal, invalid or unenforceable, it
shall be replaced, to the extent possible, with a legal, valid, and enforceable
provision that is similar in tenor to the illegal, invalid, or unenforceable
provision as is legally possible. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any termination of
this Agreement. The title, headings and captions of this Agreement are provided
for convenience only and shall have no effect on the construction of the terms
of this agreement.
