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Terms
of Service/Terms Of Use
LIMITED
LICENSE
IMPORTANT! THESE
TERMS OF SERVICE/TERMS OF USE GOVERN YOUR USE OF Burk Hale, Inc. WEB SITES
(or hereinafter "THIS WEB SITE", "this Web site",
"the site" or "web site"), WHICH IS PROVIDED BY
Burk-Elder: Hale, Third, Elder Hale or Burk Hale, Inc.,(hereinafter,
"Burk Hale, Inc." or “Burk Hale, Incorporated”). Burk Hale, Inc.
provides this web site free of charge to you under the terms and conditions
set forth in this TERMS OF SERVICE/TERMS OF USE section of Burk Hale, Inc.
web sites. However, there may be other additional terms and conditions in
other sections of Burk Hale, Inc. Web Sites, e.g., Purchase Agreement,
which are expressly incorporated herein and also must be observed and
followed (collectively referred to hereinafter as "Terms of
Use"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT
AND ACCEPTANCE OF THESE TERMS OF USE/TERMS OF SERVICE. By accessing or
using this site, you agree to abide by the Terms of Use/Terms of Service.
THESE TERMS OF USE/TERMS OF SERVICE ARE SUBJECT TO CHANGE BY Burk Hale,
Inc. AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH
CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THE CHANGES. If you enter this site without complying/agreeing to these
terms you are violating code 431.322.12 of the Internet Privacy Act. PLEASE
CONSULT THESE TERMS OF USE/TERMS OF SERVICE REGULARLY.
ACCESS TO THIS SITE
ACCESS TO THIS WEB SITE IS RESTRICTED UNDER CERTAIN CONDITIONS.
To access this site or some of the resources and products it has to offer,
you may be asked to provide certain registration details or other
information. It is a condition of your use of this site that all the
information you provide on this site will be correct, current, and
complete. If our Burk Hale, Inc. believes the information you provide is
not correct, current, or complete, we have the right to refuse you access
to this site or any of its resources, and to terminate or suspend your
access at any time, without notice.
RESTRICTIONS ON USE
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU
ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB
SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE,
NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE
PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
Prohibited uses include, without limitation, using email addresses
obtained from this Web site or unauthorized third parties for solicitation
purposes of any kind, directly or indirectly, hacking, the use of data
mining, robots or other similar data gathering and extraction tools,
accessing this web site for purposes of gathering information to use
against or exploit the site owner or web site host or ISP or employees,
officers or affiliates of Burk Hale, Inc. or in the interest of developing
a product or circumventing Burk Hale, Inc. by contacting Burk Hale,
Incorporated’s sources of product without express written authorization to
compete with the products offered on the web site, and making any
derivative works based, in whole or in part, on any portion or all of this
Web site. Violators of the aforementioned prohibitions agree to pay a
minimum of $500.00 in US currency for each violation of the aforementioned
prohibitions or unauthorized use of emails belonging to Burk Hale, Inc.,
its affiliates or officers and any legal fees or court costs or other costs
of any kind associated therewith in the collection of the amount previously
specified or any other costs or losses adverse to Burk Hale, Inc. You may
use this site for purposes expressly permitted by this site. You may not
use this site for any other purpose, including any commercial purpose,
without Burk Hale, Incorporated's express prior written consent. For
example, you may not (and may not authorize any other party to) (i)
co-brand this site, or (ii) frame this site, or (iii) hyper-link to this
site, You may link to this Web site, so long as it does not portray Burk
Hale, Incorporated's or its affiliates in a negative manner or otherwise
portray its services or products in a false, misleading, derogatory or
offensive manner. Further, the linking site must not contain anything illegal,
false, misleading, derogatory or offensive, and no express or implied
affiliation with Burk Hale, Inc. may be indicated without Burk Hale,
Incorporated's express written permission. Burk Hale, Inc. reserves the
right to require that you remove any link to this Web site for any reason,
and you agree to carry out the removal immediately. For purposes of these
Terms of Use, "co-branding means to display a name, logo, trademark,
or other means of attribution or identification of any party in such a
manner as is reasonably likely to give a user the impression that such
other party has the right to display, publish, or distribute this site or
content accessible within this site. You agree to cooperate with Burk Hale,
Inc. in causing any unauthorized co-branding, framing or hyper-linking
immediately to cease. You agree to take reasonable precautions to maintain
the confidentiality of your account name and password for full access to
this Web site. In addition, you agree not to modify, add or delete any content
on this site, without the express written permission of Burk Hale, Inc..
Further, you agree not to interrupt or attempt to interrupt the operation
of Burk Hale, Inc. or this Web site or access thereto by other users by any
means.
You agree not to resell or otherwise exploit for commercial purposes,
directly or indirectly, any portion of this Web site, the services offered
on this Web site, or access to this Web site.
PROPRIETARY INFORMATION
The material and content (hereinafter referred to as the "Content")
accessible from this site, and any other World Wide Web site owned,
operated, licensed, or controlled by Burk Hale, Inc. is the proprietary
information of Burk Hale, Inc. or the party that provided the Content to
Burk Hale, Inc., and Burk Hale, Inc. or the party that provided the Content
to Burk Hale, Inc. retains all right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior written consent
of our Burk Hale, Inc., or unless authorized in writing elsewhere on our
site, except that you may print out a copy of the Content solely for your
personal use. In doing so, you may not remove or alter, or cause to be
removed or altered, any copyright, trademark, trade name, service mark, or
any other proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided in these
Terms of Use violates Burk Hale, Inc.'s intellectual property rights. Neither
title nor intellectual property rights are transferred to you by access to
this site.
HYPER-LINKS
This site may be hyper-linked to other sites which are not maintained
by, or related to, Burk Hale, Inc.. Hyper-links to such sites are provided
as a service to users and are not sponsored by or affiliated with this site
or Burk Hale, Inc. Burk Hale, Inc. has not reviewed any or all of such
sites and is not responsible for the content of those sites. Hyper-links
are to be accessed at the user's own risk, and Burk Hale, Inc. makes no
representations or warranties about the content, completeness or accuracy
of these hyper-links or the sites hyper-linked to this site. Further, the
inclusion of any hyper-link to a third-party site does not necessarily
imply endorsement by Burk Hale, Inc. of that site.
SUBMISSIONS
You hereby grant to Burk Hale, Inc. the royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform, and display all content, remarks, suggestions, ideas,
graphics, or other information communicated to us (personnel or company
"Burk Hale, Inc.") through this site or any other (together,
hereinafter known as the "Submission"), and to incorporate any
Submission in other works in any form, media, or technology now known or
later developed. Burk Hale, Inc. will not be required to treat any
Submission as confidential, and may use any Submission in its business
(including without limitation, for products or advertising) without
incurring any liability for royalties or any other consideration of any
kind, and will not incur any liability as a result of any similarities that
may appear in future Burk Hale, Inc. operations.
Burk Hale, Inc. will treat any personal information that you submit through
this site in accordance with Burk Hale, Inc.'s Privacy Policy as
set forth on this site.
DISCLAIMER
Products Not Intended For Medical Purposes.
The US Food & Drug Administration (FDA) prohibits manufacturers of
instruments from making health or therapeutic claims for effects relating
to the physical or mental illness being currently treated by members of the
medical profession and/or other licensed practitioners unless said
instruments have been registered by the FDA. Nothing on this web site is
intended to diagnose, treat or cure any physical or mental problems or
medical conditions. Information on this site is intended to be used for educational
and customer evaluatory purposes only. The statements on this site have not
been evaluated by the FDA in the United States of America or any other
Governmental agency associated with any other Country or Organization, and
as such, they shall not be construed as medical advice, implied or
otherwise.
All people not excluded by other terms and conditions are welcome to enter
this site; Except those affiliated with any ANTI-government, de facto
government, or any ANTI-Health, or any ANTI-Spiritual Information/Growth
group or any other related group including but not limited to regulatory
agencies/groups, or if you were formally a worker of one you are forbidden
to enter this web site, or access any of it's files by any means.
The information provided on this site should not be construed as
personal medical advice or instruction. No action should be taken based
solely on the contents of this site. Readers should consult appropriate
health professionals on any matter relating to their health and well-being.
The information and opinions provided here are believed to be accurate and
sound, based on the best judgment available to the authors, but readers who
fail to consult appropriate health authorities assume the risk of any
injuries. The publisher is not responsible for errors or omissions.
Technical data and statistical information contained in any Burk Hale,
Inc. Web site or Web page of any Burk Hale, Inc. Web site has been derived
from information supplied by the respective manufacturers, distributors and
obtained from other sources believed to be accurate. Although we believe
that the information is generally correct, we do not assume any
responsibility whatsoever for its accuracy. Conditions and purposes of
which customers may use products and information available on the web site
are beyond our knowledge or control and consequently we assume no liability
whatsoever for results obtained or loss or damage incurred as a result of
application of the product or information presented. Users of the web site
and products listed on it or purchased through the web site do so at their
own risk. In addition, we assume no liability and make no warranty with
respect to claims of patent, trademark or copyright infringement or other
similar claims which may arise out of or in connection with the use of any
data, information or items described in the web site.
Burk Hale, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR ANY PARTICULAR PURPOSE.
You understand that Burk Hale, Inc. cannot and does not guarantee or
warrant that files available for downloading from the Internet will be free
of viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive or invasive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to this site for the reconstruction of any
lost data. Burk Hale, Inc. does not assume any responsibility or risk for
your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be
used to replace any written reports, statements, or notices provided by
Burk Hale, Inc. Investors, borrowers, and other persons should use the
Content in the same manner as any other educational medium and should not
rely on the Content to the exclusion of their own professional judgment.
Information obtained by using this site is not exhaustive and does not
cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided
"as is and without warranties of any kind, either expressed or
implied. Burk Hale, Inc. disclaims all warranties, including any implied
warranties of merchantability, fitness for a particular purpose, TITLE, OR
NON-INFRINGEMENT. Burk Hale, Inc. does not warrant that the functions OR
CONTENT contained in this site will be uninterrupted or error-free, that
defects will be corrected, or that this site or the server that makes it
available are free of viruses or other harmful components. Burk Hale, Inc.
does not warrant or make any representation regarding use, or the result of
use, of the content in terms of accuracy, reliability, or otherwise. The
content may include technical inaccuracies or typographical errors, and
Burk Hale, Inc. may make changes or improvements at any time. You, and not
Burk Hale, Inc., assume the entire cost of all necessary servicing, repair
or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF
THIS SITE OR ITS CONTENT. Burk Hale, Inc. MAKES NO WARRANTIES THAT YOUR USE
OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or
forward-looking, speaks only as of the date the information is posted on
Burk Hale, Inc. sites, and Burk Hale, Inc. does not undertake any
obligation to update such information after it is posted or to remove such
information from this site if it is not, or is no longer, accurate or
complete.
LIMITATION ON LIABILITY
IN NO EVENT SHALL Burk Hale, Inc. BE LIABLE FOR ANY INJURY, EXPENSES,
PROFITS, LOSS OR DAMAGE, WHETHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL, OR
ANY OTHER PECUNIARY LOSS OR EXPENSE ARISING OUT OF THE ACCESS, USE OR
INABILITY TO USE ANYTHING ON THIS WEB SITE OR ANY PRODUCT DESCRIBED, EVEN
IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY THEREOF.
Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation may
not apply to you.
IF, DESPITE THE LANGUAGE OF THE TERMS OF USE, Burk Hale, Inc. BECOMES
LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR RELATED IN ANY WAY TO YOUR
ACCESS, USE OR INABILITY TO USE THIS WEB SITE OR ANY PRODUCT DESCRIBED IN
THE WEB SITE, THEN Burk Hale, Inc., ITS SUBSIDIARIES, AFFILIATES,
LICENSERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES,
INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, OR SIMILAR DAMAGES, EVEN IF Burk Hale, Inc. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY
OF Burk Hale, Inc. AND ITS SUBSIDIARIES, AFFILIATES, LICENSERS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS,
TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO
Burk Hale, Inc. FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
INDEMNITY
You will indemnify and hold Burk Hale, Inc., its subsidiaries,
manufacturers, distributors, affiliates, licensers, content providers,
service providers, employees, agents, officers, directors, stock holders,
and contractors (hereinafter known as the "Indemnified Parties")
harmless from any breach of these Terms of Use by you, including any use of
Content other than as expressly authorized in these Terms of Use. You agree
that the Indemnified Parties will have no liability in connection with any
such breach or unauthorized use, and you agree to indemnify any and all
resulting loss, damages, judgments, awards, costs, expenses, and attorneys
fees of the Indemnified Parties in connection therewith. You will also
indemnify and hold the Indemnified Parties harmless from and against any
claims brought by third parties arising out of or related in any way to
your access or use of this web site or products described or purchased
from, inability to access or use of this Web site or products herein
described or referenced, or any breach by you of the Terms of Use, or your
use of the information accessed from this site.
TRADEMARKS
Trademarks, service marks, and logos appearing in this site are the
property of Burk Hale, Inc. or the party that provided the trademarks,
service marks, and logos to Burk Hale, Inc. Burk Hale, Inc. and any party
that provided trademarks, service marks, and logos to Burk Hale, Inc.r
retain all rights with respect to any of their respective trademarks,
service marks, and logos appearing in this site.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with
this site any material that:
· you do not have the right to post, including proprietary material of any
third party;
· advocates illegal activity or discusses an intent to commit an illegal
act;
· is vulgar, obscene, pornographic, or indecent;
· does not pertain directly to this site;
· threatens or abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or
offensive;
· seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
· infringes any intellectual property or other right of any entity or
person, including violating anyone's copyrights or trademarks or their
rights of publicity;
· violates any law or may be considered to violate any law;
· impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the
origin of the content;
· advertises any commercial endeavor (e.g., offering for sale products or
services) or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting
goods or services) except as may be specifically authorized on this site;
· solicits funds, advertisers or sponsors;
· includes programs which contain viruses, worms and/or Trojan horses or
any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications;
· disrupts the normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a way which affects
the ability of other people to engage in real time activities via this
site;
· includes MP3 format files;
· amounts to a 'pyramid' or similar scheme;
· disobeys any policy or regulations established from time to time
regarding use of this site or any networks connected to this site; or
· contains hyper-links to other sites that contain content that falls
within the descriptions set forth above.
Although under no obligation to do so, Burk Hale, Inc. reserves the right
to monitor use of this site to determine compliance with these Terms of
Use, as well the right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the content
of your submissions. You acknowledge and agree that neither Burk Hale, Inc.
nor any third party that provides Content to Burk Hale, Inc. will assume or
have any liability for any action or inaction by Burk Hale, Inc. or such
third party with respect to any submission.
SECURITY
Any passwords used for this site are for individual use only. You will
be responsible for the security of your password (if any). Burk Hale, Inc.
will be entitled to monitor your password and, at its discretion, require
you to change it. If you use a password that Burk Hale, Inc. considers
insecure, Burk Hale, Inc. will be entitled to require the password to be
changed and/or terminate your account.
You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools or
network probing tools) is strictly prohibited. If you become involved in
any violation of system security, Burk Hale, Inc. reserves the right to release
your details to system administrators at other sites in order to assist
them in resolving security incidents. Burk Hale, Inc. reserves the right to
investigate suspected violations of these Terms of Use.
Burk Hale, Inc. reserves the right to fully cooperate with any law
enforcement authorities or court order requesting or directing Burk Hale,
Inc. to disclose the information submitted or identity of anyone posting
any e-mail messages, or publishing or otherwise making available any
materials that are believed to violate these Terms of Use or laws.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Burk Hale, Inc.
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Burk Hale, Inc. DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER [Burk Hale, Inc.] OR LAW
ENFORCEMENT AUTHORITIES.
WARRANTY
Burk Hale, Inc. does not warranty the Web sites
http://miracle2wholesale.org, http://www.rangeguide.net.,
http://www.burkhale.net or any affiliated links thereto in any way or by
any means. Burk Hale, Inc. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,
WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
INTERNATIONAL USERS
Burk Hale, Inc. Web sites are controlled, operated and administered by
Burk Hale, Inc. a United States Corporation duly registered in the State of
Delaware. Burk Hale, Inc. makes no representation that this site is
available for access or use at other locations outside the U.S. However,
any access or use from outside the U.S. is still subject to the Terms of
Use. Access to this Web site is expressly prohibited from territories where
this site or any portion thereof is illegal. You agree not to access or use
any information or materials on Burk Hale, Inc. Web sites in violation of
U.S. export laws and regulations, or in violation of any laws or
regulations in the country from which you are accessing Burk Hale, Inc. Web
sites.
THIRD PARTY SITES/EMAIL
As a convenience to you, Burk Hale, Inc. may provide on Burk Hale, Inc. Web
sites one or more links to third party Web sites and/or provide email
contacts respecting third parties. Burk Hale, Inc. makes no endorsement of
such third parties, nor any representation or warranty regarding anything
that takes place between you and any such third parties, including, without
limitation, visits to third party Web sites, email correspondence with
third parties, and business or other transactions with third parties found
through Burk Hale, Inc. Web sites. Please understand that such third
parties are independent from and not controlled by Burk Hale, Inc., even
if, for example, a Burk Hale, Inc. link or logo appears on a Web site
linked from this site. It is up to you to take whatever precautions are
necessary in order to protect against viruses, worms, Trojan horses or
other malicious code.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of
Delaware, United States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal jurisdiction in
Delaware in connection with any dispute between you and Burk Hale, Inc.
arising out of these Terms of Use or pertaining to the subject matter
hereof. The parties to these Terms of Use each agree that the exclusive
venue for any dispute between the parties arising out of these Terms of Use
or pertaining to the subject matter of these Terms of Use will be in the
state and federal courts in Delaware. If any part of these Terms of Use is
unlawful, void or unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any remaining
provisions. These Terms of Use constitute the entire agreement among the
parties relating to this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the items to which
they pertain. Burk Hale, Inc. may revise these Terms of Use at any time by
updating this posting.
By viewing any page of any Burk
Hale, Inc. website, you affirm and agree to all of the above conditions.
Last updated: 1- 7-2004
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