(a) Burrus means Burrus Research, Inc. of Oconomowoc, WI or third-party providers of content and services to Burrus.
(b) License means the license granted in Section 2.
(c) Member, you or yours means the individual identified in the Registration Information.
Subject to your compliance with all of the terms and conditions of these Terms, Burrus grants you a nonexclusive, nontransferable limited license to access and use the System.
3. Intent of this License
This License is meant to provide one user, you, with access to the System for your personal use within your organization. It is solely for use by the individual user identified in the Registration Information.
4. Registration Information
By accessing the System, you agree to provide accurate, current and complete information about yourself as prompted by the registration form and to keep the Registration Information accurate, current and complete. If Registration Information is found not to be accurate, current or complete, or if Burrus has reasonable grounds to suspect that such information is not accurate, current or complete, Burrus has the right to suspend or terminate your access and refuse any and all current or future use of the System.
The products and the contents of the System, including without limitation, the text, site design, logos, graphics, icons and images, videos, software, code, learning activity worksheets, job aides, planning tools, learning resources and other content comprising the System, as well as the selection, assembly and arrangement thereof, are protected by U.S. and international copyright laws. In addition, the entirety of the System is a work owned by Burrus and is protected by U.S. and international copyright laws. Copyright 2015 Burrus Research, Inc. All rights reserved. You acknowledge and agree that all proprietary rights in the System shall remain property of Burrus and you do not acquire rights therein except as specifically provided in Section 2.
6. Third-Party Sites
The System may contain links to affiliates and links to non-affiliated, third-party websites. These links are provided solely for your convenience. If you choose to utilize any of these links, you will leave the System. Burrus has not reviewed these third-party websites and does not control and is not responsible for any of these websites or their content. Burrus does not make any representations about any third-party websites, or any information, software or other products or materials found on such websites. If you access any of the third-party websites linked to the System, you do so entirely at your own risk.
7. Use of the System
Your use of the System shall be for lawful purposes only. You shall not use the System for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, distasteful, offensive, controversial or otherwise objectionable, or that infringes or may infringe the intellectual property or rights of Burrus or another or that violates any international, federal, state, or local law. You understand and acknowledge that Burrus may, at its sole discretion, terminate your access to the System, without notice, if Burrus believes you have in any way violated any of the Terms. If you use the System, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, or from your IP address.
8. Guidelines for Use of the Content
This License is solely for use by the individual identified in the Registration Information. Your License allows you alone to use the System content (“AO Content”) within your organization as outlined in this Agreement. You must retain copyright notices appearing with AO Content.
You may not and may not permit others (i) to use the AO Content other than an expressly provided for herein; (ii) to transmit or to post AO Content on your Intranet, Internet or other electronic messaging or post means; (iii) to disassemble, decompile or otherwise derive source code from the System; (iv) to use the System in any manner that infringes the intellectual property or other rights of another party; (v) to use AO Content to prepare work products, derivative works, documents or reports; (vi) to copy, distribute, post or send/transmit AO Content in any format; or (vii) to disseminate, publish or use AO Content in a manner that would be competitive with, or substitute for, the purchase of additional Licenses by others in your organization. You many not allow others to access the System using your user name or password.
9. Sharing Your Content and Information
By sending Burrus any ideas, comments, suggestions, questions or other material, you grant Burrus an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material with or without your name in any manner, including in connection with our business, and you also agree that Burrus is free to use any ideas, concepts, know-how or techniques that you send for any purpose. You agree that no comments or other information submitted by you to Burrus will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to Burrus will be libelous, obscene, harassing, abusive or otherwise unlawful. You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to Burrus.
10. Limitations on Liability
NEITHER BURRUS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVICING, UPDATING OR DELIVERING THE SYSTEM SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, OR INABILITY TO USE THE SYSTEM OR ANY SITES LINKED TO THE SYSTEM, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE CONTENT PROVIDED ON THE SYSTEM IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
You acknowledge and agree that there may be interruptions in service or events that are beyond Burrus’ control. While Burrus uses reasonable efforts to keep the System accessible, Burrus does not guarantee, and shall have no liability for, any unavailability of the System (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located or co-located. Because Burrus does not control the security of the Internet or other networks you use to access the Site, Burrus is not responsible for any data lost during transmission.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You agree that any cause of action or claim that you may have relating to the System must be made or instituted within one year of when the cause of action or claim accrued.
The System, the AO Content, and referral sites and the products and services described therein are designed to provide reasonably accurate and authoritative information in regard to the subject matter covered. It is made available with the understanding that Burrus is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert service is required, the services of a competent professional should be sought.
Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the material contained herein. Burrus cannot and does not assume any responsibility for omissions, errors, misprinting or ambiguity contained on the System.
Burrus shall not be held liable in any degree for any loss, damage or injury caused by any such omission, error, misprinting or ambiguity present on this site, the products and services described herein, or the content of referral sites and the product and services described therein.
You agree to defend, indemnify, and hold Burrus, its officers, directors, employees, agents, licensors, affiliates, service providers and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
12. Limited Warranty
Burrus warrants that it has the authority to convey the rights which are the subject of this Agreement.
13. Term and Termination
This Agreement and the License granted herein becomes effective when you indicate acceptance of the Terms by completing the Registration Information and clicking on the "I Agree" button, or by logging in to the System. The term of the License is for Two Years Burrus may terminate this Agreement and License without cause on ten days’ notice (via email or otherwise) to you should the AO Content or any component thereof no longer be available for whatever reason. Burrus reserves the right to terminate the Agreement and License of any Member who Burrus believes has violated the terms or abused the intent of this License.
14. Agreement Binding On Successors
This License shall be binding on and shall inure to the benefit of Burrus and its heirs, administrators, successors and assigns.
15. Waiver & Severability
No waiver by Burrus or any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
This Agreement, License and the rights and obligations hereunder may not be assigned by you or by operation of law, including, but not limited to, bankruptcy, assignment for benefit of creditors, collateral for a loan or satisfaction of a loan, without the prior written consent of Burrus; provided, however, that this Agreement, License and the rights and obligations hereunder shall be freely assignable by Burrus.
17. Changes to Terms
Burrus may change, revise, modify, add or remove any of these Terms at any time by updating this posting. You should visit this posting from time to time to review the then-current Agreement because your continued use of the System after any changes to these Terms have been posted will be deemed acceptance of any revised terms. You agree that we shall not be liable to you or any third party for any modification or discontinuance of any materials, features, products, prices, services, information or the System.
18. Applicable Laws
The System is controlled, operated and administered by Burrus from offices within the State of Wisconsin. Burrus makes no representation that materials on the System are appropriate or available for use at other locations outside of the United States and access to them from territories where their content is illegal or restricted is prohibited. You may not use the System or export its contents in violation of U.S. export laws and regulations. If you access the System from a location outside of the United States, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of the United States and of the State of Wisconsin, without giving effect to its conflict of laws provisions.
19. Entire Agreement
These Terms constitute the entire agreement between Burrus and you with respect to your use of the System. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
Notwithstanding the expiration or termination of this Agreement, all rights, obligations, and remedies which accrued prior to the termination or expiration of this License shall survive such termination or expiration. Specifically, Sections 5, 9, 10, 11 and 18 shall survive the termination or expiration.
If you have any questions regarding the use of The System content, please contact [email protected].
These terms and conditions were last updated on 09-13-2019