Effective Date September 1, 2008
Legal Notice:
Please Read These Terms Carefully Before Using this Site.
This Site (www.burkeenergy.com) (this "Site") is provided by Burke Energy. (the "Company"). By visiting or using this Site and purchasing products and services from the Company via the Site, you agree to abide by and be bound by these Terms of Use (these "Terms"). If you do not agree with any of the Terms set out below, do not use or visit this Site
The Company reserves the right to change these Terms at any time, without prior notice. Any changes to these Terms will be communicated to you by updating this posting. Your use of this Site following any such change constitutes your agreement to follow and be bound by these Terms as changed. For this reason, we encourage you to periodically review these Terms for changes.
Limited License
The Company grants you limited license to access and make personal use of this Site. Any modifications to the Site, or any portion of it, may not be made without the express, written consent of The Company. The contents of this Site, including the "look" and "feel" of the Site, text, images, logos, button, icons software and other "Content" are the exclusive property of the Company and are protected under worldwide copyright laws and treaty provisions. By your use of this Site you agree to comply with all copyright laws worldwide and to prevent any unauthorized copying of the Content
The Site may only be used for lawful purposes. You agree not to delete or change another person's information as posted on the Site; transmit, distribute, erase or store material (a) in violation of any applicable law or regulation, (b) that invades another's privacy or publicity rights or (c) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or otherwise objectionable; post a sexually explicit image or statement; or use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted by this Site.
Warranty Disclaimer
BURKE ENERGY USES REASONABLE CARE IN COMPILING AND PRESENTING THE INFORMATION ON THIS SITE. HOWEVER, THE MATERIALS MAY CONTAIN INACCURACIES, OUTDATED INFORMATION, BROKEN LINKS, OR TYPOGRAPHICAL ERRORS. BURKE ENERGY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. THE ACCURACY OF INFORMATION SUPPLIED BY OTHER USERS OF THIS SITE IS NOT WITHIN THE CONTROL OF BURKE ENERGY.
THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Linked Sites, Products, Statements
As a convenience to you, the Company may provide, on this Site, links to other Web sites operated by other entities. If you use these links, you will leave the Site. If you decide to visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements that may effect this Site. A link to a Web site not owned or operated by the Company does not mean that the Company endorses or accepts responsibility for the use of or material on such Site.
External Links to the Site
You may not link to this Site without the Company's prior written approval. Even if the Company grants its approval, it has no control over the material, operation or performance of any portion of the Internet including other Web sites to which this Site may be linked or from which this Site may be accessed. The Company reserves the right to revoke consent to link at any time in its sole discretion
User Information
Any personally identifiable information or material collected by the Company or provided by you to the Site is protected and governed by the Privacy Policy associated with this Site. By sending the Company information or material, you grant the Company an unrestricted, irrevocable, worldwide, royalty-free right and license to use such information for any business purpose. This information is not considered to be confidential. For this reason, the Company encourages you not to send any confidential information to the Company. By your use of this Site you also warrant that you shall not provide any information that is defamatory, threatening, obscene, harassing, or otherwise unlawful.
Indemnification
BY USING THIS SITE, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND BURKE ENERGY FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, UNLESS SUCH CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES ARISE FROM AND HAVE DIRECTLY AND SOLELY BEEN CAUSES BY THE GROSS NEGLIGENCE OR INTENTIONALLY WRONGFUL ACTS OF BURKE ENERGY.
International Users and Choice of Law
This Site is controlled, operated and administered by the Company from its principal offices in Connecticut, USA. These Terms of Use will be governed by, and construed and interpreted in accordance with the laws of the State of Connecticut, without reference to its conflict of laws. Any claim relating to this Site or your use of this Site shall be subject to the exclusive jurisdiction of the Connecticut, USA state courts.
