Effective Date February
Please Read These Terms Carefully Before Using any of the Access Points.
The Company grants you limited license to access and make personal use of any of the Access Points. Elements of the Access Points, including the "look" and "feel" of the Access Points, text, images, logos, button, icons software and other "Content" are the exclusive property of the Company or are licensed or used with permission from third parties and are protected by trade dress, trademark, unfair competition, and other laws or treaties and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the Access Points may be copied or retransmitted unless expressly permitted by the Company.
By your use of any of the Access Points you agree to comply with all copyright laws worldwide and to prevent any unauthorized copying of the Content. The Access Points may only be used for lawful purposes. You agree not to delete or change another person's information as posted on the Access Points; transmit, distribute, erase or store material (a) in violation of any applicable law or regulation, (b) that invades another's privacy or publicity rights or (c) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or otherwise objectionable; post a sexually explicit image or statement; or use any device, software or routine to interfere or attempt to interfere with the proper working of any of the Access Points or any activity being conducted by any of the Access Points.
THE COMPANY USES REASONABLE CARE IN COMPILING AND PRESENTING THE INFORMATION ON ANY OF THE ACCESS POINTS. HOWEVER, THE MATERIALS MAY CONTAIN INACCURACIES, OUTDATED INFORMATION, BROKEN LINKS, OR TYPOGRAPHICAL ERRORS. BURKE ENERGY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE ACCESS POINTS. THE ACCURACY OF INFORMATION SUPPLIED BY OTHER USERS OF ANY OF THE ACCESS POINTS IS NOT WITHIN THE CONTROL OF THE COMPANY. ANY OF THE ACCESS POINTS AND ALL CONTENTS OF ANY OF THE ACCESS POINTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Linked Access Points
As a convenience to you, the Company may provide, on any of the Access Points, links to other websites, , mobile applications, onboard media, blogs, phone, in person, social media and other places operated by other entities (“Links”). If you use these Links, you will leave the Access Points. If you decide to visit any Linked, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements that may affect any of the Access Points or the Links. Providing the Links to any websites, , mobile applications, onboard media, blogs, phone, in person, social media and other places operated by other entities does not mean that the Company endorses or accepts responsibility for the use of or material available via such Links. You may not link to any of the Access Points without the Company's prior written approval. Even if the Company grants its approval, it has no control over the material, operation or performance of any portion of the Internet including other websites, mobile applications, onboard media, blogs, phone, in person, social media and other places to which any of the Access Points may be linked or from which any of the Access Points may be accessed. The Company reserves the right to revoke consent to link at any time in its sole discretion and without notice.
Limitation Of Liability
To the extent permitted by law, we have no liability for loss arising from: (i) any products or equipment which after delivery have been subjected to willful damage, incorrect handling or storage, accident, negligence by you or by any third party; or (ii) any failure by you to use products in accordance with our instructions.
To the extent permitted by law, we will not be held responsible for any delay or failure to comply with the obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
We do use industry standard software and systems; however we do not warrant that the Access Points will operate error-free nor that the Access Points and the Company’s servers are free of computer viruses. If your use of the Access Points results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
Viruses, Hacking and Other Offenses
You must not misuse or attack the Access Points by knowingly introducing viruses or other material which is malicious or technologically harmful. You warrant you shall not provide any information that is defamatory, threatening, obscene, harassing, or otherwise unlawful. You must not attempt to gain unauthorized access to the Access Points, or the servers, or any other computer or database connected with the Access Points.
By breaching this provision you may be committing a criminal offense and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use the Access Points will cease immediately.
To the extent permitted by law, we will not be liable for any loss or damage caused by a denial of service, attack directed at our site, viruses or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Access Points or any material posted on it, or on any website linked to it.
BY USING ANY OF THE ACCESS POINTS, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE ACCESS POINTS OR ANY LINKS, UNLESS SUCH CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES ARISE FROM AND HAVE DIRECTLY AND SOLELY BEEN CAUSES BY THE GROSS NEGLIGENCE OR INTENTIONALLY WRONGFUL ACTS OF THE COMPANY.
Reliance on Information Posted
While we use all reasonable endeavors to keep the information on the Access Points are accurate and up to date, the Content and other materials displayed are provided without any guarantees, conditions or warranties as to its accuracy.
Materials on the Access Points are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on any materials by any visitor to the Access Points or by anyone who may be informed of any of its content.
We use the services of a payment provider for all on-line payments. When you make a payment via the Access Points you will be directed to an online form in order to process your payment and enter your card number, expiration date and security code and other card details. Payment details will then be transmitted to the payment provider for processing and confirmation.
Other Important Terms
We may transfer our rights and obligations hereunder to another organization, but this will not affect your rights or our obligations under these Terms.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Legal Notice for New Jersey Residents
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) our tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) our failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.).
In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms, (i) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (iii) the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms; and (iii) the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent we were negligent or have breached our obligation to you.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Access Points. If we make any material change to the Terms, we will post those changes on this, or any other appropriate page, and they will become effective upon the later of 1) the date specified by us, if any, or 2) the posting. By accessing the Access Points after changes are made to the Terms and posted, you agree to be legally bound and to abide by the amended terms. You should visit this page from time-to-time to review the then-current Terms because they are binding on you.
These Terms constitute the entire agreement between us regarding or in connection with the Access Points. You agree that you shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in the Terms. You shall have no claim for innocent or negligent misrepresentation based upon any statement in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.
Governing Law & Arbitration; Waiver of Class Action Claims
The Access Points are controlled, operated and administered by the Company from its principal offices in Connecticut, USA. These Terms are governed by, and construed and interpreted in accordance with the laws of the State of Connecticut, without reference to its conflict of laws.
You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of the Access Points (collectively "Claims"), shall be governed by the internal substantive laws of the State of Connecticut without regard to its conflict of laws principles and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA").
Before commencing any arbitration, you must give us notice of a claim, in writing. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below.
You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephonically with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any Claim subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the Claims of other persons or parties who may be similarly situated and may only resolve Claims, and render awards between you and us alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org.
Information About Us
The Company has an address at 475 Commerce st., Hawthorne, NY. You may contact our Customer Service department at 914-769-5050. Please note that all calls made from landlines will be charged at your standard landline rate. Mobile phone calls will vary. Calls may be monitored for quality and training purposes.
©2019 Burke Energy All Rights Reserved.