COPYRIGHT/ RESTRICTIONS ON USE OF MATERIAL:
All items on this Site are copyrighted by B-Era Corp., its agents, employees, officers, subsidiaries, members or affiliates. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the site. You are prohibited from reproduction or republication of the Site content without prior written permission. This Site may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by other companies who have authorized their use on this site only. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or any other proprietary right of B-Era Corp., the Site, affiliate or any third party.
We have authorized you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You are prohibited from modifying the materials at this Site in any way or reproducing or publicly displaying, or distributing or otherwise using them for any public or commercial purpose. TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED:
All trademarks, service marks, logos, or other corporate identifications such as Burnetie, Burnetie shoes, B-Era, B-Era Corporation (collectively, "Marks") on this Site are trademarks or service marks of B-Era Corp.. You warrant not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without our prior approval
ELIGIBILITY AND AUTHORIZATION:
To be eligible for purchase at our website, you must be at least 18 years old. When making the purchase at our website, you authorize B-Era Corp., directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.
USER NAME, ACCOUNT AND PASSWORD:
When you sign up for Services from www.burnetieshoes.com, you will be asked to choose a Username and a password. You are entirely responsible for maintaining the confidentiality of your password.
You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the account, username, or password of another User.
CLOSING YOUR ACCOUNT:
You may terminate your membership with us at any time by cancelling it by following the instructions in the ‘account setting’ section of your profile/account. In the event of termination of your service agreement, sections: Exclusion Of Warranty, Limitation Of Liability, Indemnification, Prohibited Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.
B-Era Corp. makes no guarantee or warranty that the product reviews on the Site are accurate. All content and ratings are provided on a strictly as is basis and users must use their own judgment when deciding which products to purchase.
In the event that a product is mistakenly listed at an incorrect price, B-Era Corp. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price B-Era Corp. is not responsible for typographical or photographical errors. B-Era Corp. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, B-Era Corp. shall issue a credit to your credit card account in the amount of the incorrect price.
Your profile includes information such as, but not limited to, transaction history information, comments from other users and level of service ranking information. Any action designed to undermine the system and to alter your profile or the profiles of others is strictly prohibited. Your profile information is intended solely to facilitate trading on burnetieshoes.com and you agree not to export or market your profile information or the profile information of other users in any other venue.
EXCLUSION OF WARRANTY:
B-Era Corp. AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. B-Era Corp. AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. B-Era Corp. WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER B-Era Corp. NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM B-Era Corp. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY:
B-Era Corp. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall B-Era Corp. or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or Content found herein, or (ii) the performance or non- performance by B-Era Corp. or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
User agrees to indemnify and hold harmless B-Era Corp. at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
PROHIBITED CONTENT AND/OR ACTIVITY:
You must use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use B-Era Corp.’s services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; on this matter, please refer to B-Era Corp.’s DMCA Policy, which is herein incorporated by reference.
We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.
In addition you agree not to:
- harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- transmit "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, or "spam”;
- solicit passwords or personal identifying information from other Users;
- use the Site in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, or create an undue burden to the Site;
- circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of this Site;
- that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- harass or advocate harassment of another person or User;
- provide any email addresses, telephone numbers, street addresses, names or URLs in your member profile or anywhere else on this Site;
- post or otherwise make available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, obscene, fraudulent, violent, invasive of privacy or publicity rights, offensive, racist, of a bigotry nature, or demonstrating hatred or physical harm of any kind against any group or individual;
- further or promote any criminal activity or enterprise or provide any information about illegal activities;
- involve commercial activities and/or sales without prior written consent from us such as advertising, contests, sweepstakes or any solicitation of donations;
- display an unauthorized commercial advertisement on the Site, or use this Site to perform any commercial activity without permission from us;
- register for more than one Member account or register for a Member account on behalf of another individual, group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
- include a photograph or video of another person that you have posted without that person's consent;
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use or attempt to use another's account without authorization from us;
- violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
- fail to make payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items sold by you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other users' listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to B-Era Corp.;
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to B-Era Corp._);
- transfer your B-Era Corp. member account (including feedback) and User ID to another party without our consent;
- export or re-export any B-Era Corp. tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify or distribute rights or content from the B-Era Corp. sites, service or tools or B-Era Corp.'s copyrights and trademarks; or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- violate federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
- violate the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
- disrupt the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
B-Era Corp. and its affiliates do not claim ownership of the materials you provide to B-Era Corp. (including feedback and suggestions) or post, upload, input or submit to any B-Era Corp. or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting B-Era Corp., its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. B-Era Corp. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at B-Era Corp.’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
B-Era Corp. does not and cannot review all communications and materials posted to or created by users accessing the Site, and thereby is not in any manner responsible for the Content of these communications and materials.
However, B-Era Corp. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to B-Era Corp. in its sole discretion.
EMAIL NEWSLETTER & SURVEYS:
This Site may contain online contests and surveys. Contests are solely to generate user interest. The surveys are for informational purposes and primarily contain sets of ‘multiple choice’ questions. Participation in such contest and surveys is voluntary
made to Site Users outside of the Site's online marketplace. If you make a payment to a User outside of this Site's online marketplace and believe you are entitled to a refund of all or a portion of this payment amount, your sole recourse is to contact the User directly and attempt to negotiate and obtain a refund from this User.
VIOLATION OF TERMS AND CONDITIONS:
Failure of B-Era Corp. to take any action if you breach these Terms and Conditions of Use shall not be construed as a continuing waiver or relinquishment of such right to take action. B-Era Corp. will still be entitled to use our rights and remedies in any situation where you breach these Terms and Conditions of Use. If any part of these Terms and Conditions of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
LINKS TO/FROM THIRD PARTY SITES:
This Site contains links to third party sites. User accesses these sites at User's own risk; the Site is not responsible for the Content, changes, updates, or other links contained in a linked site. B-Era Corp. provide these links merely as a convenience, and the inclusion of such links does not imply an endorsement by B-Era Corp. of the websites.
Any third party desiring to link to the Site must link to the Site’s homepage located at www.burnetieshoes.com. No one may link to any other page of this Site without the prior written consent of the Site.
We will do our best to resolve any disputes over these Terms and Conditions of Use. If necessary, any disputes relating in any way to your visit of our website or to the products purchased on it, including but not limited to any disputes related to privacy, shall be submitted to confidential arbitration in the state of Arizona. Any arbitration under these Terms and Conditions of Use or other B-Era Corp.’s policies, shall be conducted in the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, not arbitration with respect to the website or to products purchase here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
ECOMMERCE RETURNS POLICY AND PROCEDURES
If you purchased your item(s) through www.burnetieshoes.com within 30 days, you may make a return provided item(s) are in new and unused condition. Once received, we will process your return for a refund or exchange in 15 business days.
If you choose to visit our website, you agree that the laws of the state of California will govern the conditions of use and any disputes that may arise between you and B-Era Corp. or its affiliates
By your use of this Site, you agree that:
- YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT , INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.