TERMS OF SERVICE
This Terms of Service Agreement (the “Agreement”) governs the use of the website located at Burnbud.com (the “Service”) provided by Burnbud, whose principal place of business is in 1202 Kettner Blvd, San Diego, CA (the “Company”), to any individual or business entity (hereinafter referred to singularly and collectively as “you” or possessively as “your”).
Please read this Agreement carefully before accessing or using the Service. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you are authorized to use any part of the Service. Your access to or use of the Service indicates that you have read, understood and expressly consented to this Agreement and accept all of its terms. Company is willing to license the Service to you only upon the condition that you accept all the terms contained herein.
If you do not accept all of the terms contained in this Agreement, you may not use the Service.
Company does not provide the Service nor sell products to persons under eighteen (18) years of age. By accessing and using the Service or purchasing any products via the Service, you represent and warrant that you are at least eighteen (18) years of age. If you are under eighteen (18) years of age, you may only use the Service or buy products from Company with the lawful consent of your parent legal guardian.
CONTENT & INTELLECTUAL PROPERTY
REPRESENTATIONS & WARRANTIES
Any of the foregoing is a violation of Company’s valuable and proprietary rights that may subject you to prosecution and civil damages. Company will fully investigate and prosecute any such actions to the fullest extent of the law and may involve and cooperate with law enforcement authorities.
Some products available via the Service may be available from selected retailers in the United States, Canada, the European Union, and in other foreign markets only while supplies last. In some cases, merchandise offered for sale via the Service may not be available in all locations or in retail stores. All prices are in United States Dollars.
In the event that a product is displayed for sale with an incorrect price, Company reserves the right to refuse or cancel any orders placed for such incorrectly priced product without notice. Company reserves the right to refuse or cancel any such orders irrespective of order confirmation or credit card payment or authorization. If such payment or authorization has been made prior to cancellation, Company will issue a credit to your credit card account for any such payment or authorization within a reasonable time following order cancellation.
You must be 18 years old (21 in some areas) to purchase anything from this website. It is your sole responsibility to know your state and local laws regarding the possession and use of any products. By entering this site you acknowledge and agree that Burnbud has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Furthermore, you release and discharge all involved in the production and maintenance of this website from any and all liabilities. Your linking to any other off-site pages or other sites is at your own risk.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
DISCLAIMER OF WARRANTIES
COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, COMPLETENESS OR AVAILABILITY OF THE SERVICE NOR ANY PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE BY THIRD-PARTIES VIA THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR ANY THIRD-PARTY PRODUCTS OR SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
COMPANY DOES NOT REPRESENT OR WARRANT THAT:
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF USABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR DAMAGES RESULTING THEREFROM.
LIMITATION OF LIABILITY
ERRORS & OMISSIONS
From time to time there may be information on the Service that contains typographical errors, inaccuracies or omissions that relate to product description, features, pricing or availability. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted an order. Company apologizes for any inconvenience this may cause. If you are not completely satisfied with your purchase, please refer to Company’s Return Policy, which is available at www.burnbud.com/returns-refunds.
You will defend, indemnify and hold Company, its officers, directors, employees, agents and any associated third-parties harmless for any losses, costs, liabilities and expenses, including reasonable attorney fees, arising out of or relating to your access to or use of the Service, including without limitation:
- your breach of this Agreement;
- your violation of any law or the rights of any third-party;
- any allegation that any materials that you submit to Company or transmit via the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third-party; and
- any other activities in connection with your use of the Service.
The foregoing indemnity will be applicable without regard to the negligence of any party, including any indemnified person, Company or third-parties with whom Company does business.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof (collectively, the “Disputes”) will be settled by binding arbitration in Los Angeles, California, except that Company retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
You waive the right to participate as a plaintiff in any purported class action or representative proceeding or trial by jury. An arbitrator operating pursuant to this provision may not preside over any form of class action or representative proceeding. The provision and requirement that Disputes be settled by binding arbitration will survive termination or expiration.
Company ships products via carriers and fulfillment centers both domestically and internationally. If you require customized shipping or other specialized assistance, please contact Company via email to inquire. Shipping dates are estimates based on the best information available to Company by the respective shipping carrier and Company cannot guarantee any such dates or estimates. Tracking of shipped packages will be provided when the respective shipping carrier offers tracking services. You are responsible for attending to delivery of packages and the risk of loss, and title to merchandise, passes to you when Company delivers the package to the respective shipping carrier for delivery.
International customers will be responsible for paying applicable customs fee or import taxes. Packages may be held at the applicable customs office or clearing agency for pick up if additional fees, taxes or duties must be collected.
Undelivered or Returned Packages
You are solely and exclusively responsible for shipping charges attributable to incorrect shipping information, undeliverable addresses or other difficulties in delivery attributable to information that Company has received form you concerning shipping.
Unless otherwise specified, Company’s products are offered for sale solely in the United States and select foreign markets. This Service is controlled and operated by Company from its offices in San Diego, California.
All products are intended for legal purposes. Company does not encourage nor promote unauthorized or illegal use of any product. You assume full liability and responsibility for the use of any product. Logos, trademarks, names, keywords and branding are not descriptions of use. Returns must be made within fourteen (14) days of receipt. Products cannot be returned if used or opened. Refunds will only be given as store credit unless otherwise discussed and determined.
No joint venture, partnership, employment or agency relationship exists between you, Company or any third-party as a result of this Agreement or your use of the Service. If any provision of this Agreement is held invalid or unenforceable, such provision will be stricken from the text and the remaining provisions will be enforced to the fullest extent of applicable law. The failure of Company to enforce any right or provision herein will not constitute a waiver of such right or provision unless explicitly acknowledged and agreed to by Company in writing. Company will not be liable for delay or failure in its performance or any damages suffered by you due to such delay or failure, caused by or resulting from, directly or indirectly, natural acts or events beyond Company’s control. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter hereof. The laws of California will govern this Agreement and Disputes arising hereunder will be adjudicated in the courts therein.