Terms and Conditions
Effective Date: September 30, 2024
Welcome to the website of Burkensyme, LLC (registered in California, USA) and Burke and Syme Ltd. (registered in Scotland, UK) (collectively referred to as “we,” “us,” or “our”). By accessing or using our website and services, you agree to comply with and be bound by the following Terms and Conditions. Please read these terms carefully before using the website.
1. Acceptance of Terms
By accessing or using our website, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you do not agree to these terms, you should not use our website or services.
2. Changes to Terms
We reserve the right to modify these Terms and Conditions at any time without prior notice. Any changes will be posted on this page with an updated “Effective Date.” Your continued use of the website following any changes indicates your acceptance of the new terms.
3. Eligibility
To use our website, you must be at least 16 years old or the age of majority in your jurisdiction, whichever is higher. By using our website, you represent and warrant that you meet these eligibility requirements.
4. Use of the Website
You agree to use the website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to:
- Use the website in any way that violates applicable laws or regulations.
- Use the website for fraudulent or malicious purposes.
- Attempt to gain unauthorized access to any part of the website, including user accounts or computer systems.
- Interfere with the operation of the website or any user’s enjoyment of it.
- Upload or transmit any material that contains viruses or other harmful code.
5. Intellectual Property Rights
All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Burkensyme, LLC and Burke and Syme Ltd. or our licensors and is protected by international copyright, trademark, and other intellectual property laws.
- Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works based on any content from our website without our express written consent.
6. User-Generated Content
If you submit or upload any content (such as comments, feedback, or other materials) to our website, you agree to the following:
- You grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, display, modify, and distribute your content in any media.
- You represent that you own or have the right to submit the content and that your content does not violate the rights of any third party or any applicable law.
- We reserve the right to remove any user-generated content from our website at any time for any reason, without notice.
7. Privacy Policy
Your use of our website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our website, you consent to the collection and use of your personal data as outlined in our Privacy Policy.
8. Payment Terms
If you purchase services from us, you agree to pay all applicable fees as specified in your order. Payments must be made in full before services are rendered, unless otherwise agreed upon in writing. We use third-party payment processors to handle transactions securely, and by providing your payment information, you agree to their terms and conditions as well.
9. Refund Policy
All payments for services are non-refundable unless otherwise specified in a service agreement or as required by applicable law. If you are unsatisfied with the services provided, please contact us to discuss any concerns.
10. Limitation of Liability
To the fullest extent permitted by law, Burkensyme, LLC and Burke and Syme Ltd., and their directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the website or services, including but not limited to:
- Loss of profits
- Loss of data
- Damage to equipment
- Downtime or technical issues
In no event will our total liability exceed the amount paid by you, if any, for accessing the website or purchasing services.
11. Disclaimer of Warranties
Our website and services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that our website will be error-free, uninterrupted, or free of harmful components. You assume full responsibility for your use of the website and any damages to your computer system or loss of data resulting from your use.
12. Indemnification
You agree to indemnify, defend, and hold harmless Burkensyme, LLC and Burke and Syme Ltd., and their directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your use of the website
- Your violation of these Terms and Conditions
- Your violation of any third-party rights, including intellectual property or privacy rights
13. Third-Party Links
Our website may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy practices, or terms and conditions of third-party websites. You should review the terms and policies of any third-party sites you visit.
14. Termination
We reserve the right to terminate or suspend your access to our website or services at any time, without notice, for any reason, including but not limited to a violation of these Terms and Conditions.
Upon termination, your right to use the website will immediately cease. The provisions of these Terms and Conditions that by their nature should survive termination (such as intellectual property rights, disclaimers, indemnity, and limitations of liability) will continue to apply.
15. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of California, USA, and the laws of Scotland, UK, without regard to their conflict of law principles.
Any disputes arising from your use of the website or services shall be subject to the exclusive jurisdiction of the courts of California, USA, or Scotland, UK, depending on the location of the service or entity involved.
16. Dispute Resolution
If a dispute arises out of or in connection with these Terms and Conditions, the parties agree to first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved through negotiations, the parties agree to submit the matter to binding arbitration in accordance with the rules of the American Arbitration Association (AAA) for disputes in the USA or the Scottish Arbitration Centre for disputes in Scotland.
17. Severability
If any provision of these Terms and Conditions is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
18. Entire Agreement
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us concerning your use of the website and services, superseding any prior agreements, communications, or understandings.
19. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Burkensyme, LLC (USA)
Email: support@burkensyme.com
Burke and Syme Ltd. (UK)
Email: support@burkensyme.com
By using our website, you agree to be bound by these Terms and Conditions. Thank you for choosing Burkensyme, LLC and Burke and Syme Ltd. for your creative needs.