The Burns Companies Website Terms of Use

PLEASE READ THIS DISCLAIMER CAREFULLY. BY MAKING USE OF THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS STATED BELOW. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

This internet site (the "Site") and the materials that it contains have been prepared by, or contributed by, The Burns Companies, its Associates, Affiliates, and other various resources, (the "Company") for informational purposes only. They do not constitute any particular advice for any project that you may have in mind. Your use of this Site does not create a relationship between you and the Company. Although efforts are made to keep the contents of the site current, it may not reflect the latest industry developments. Anyone viewing information contained in this Site should not act upon it without seeking professional advice.

ACCESS TO THIS SITE
The Company may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this Site, you agree to waive any claim you might otherwise have against the Company that arises from your use of this Site or information provided by this Site. In addition, by using this Site 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 a claim by a third party that alleges injury, damage or harm in whole or in part arising from the provision by you of information from, or claimed to be from, this Site, or that in any way arises from your use of this Site or information provided by this Site in violation of these terms.

COPYRIGHT & TRADEMARKS
This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the "Content"), is the property of the Company, its partners, members, employees, or others, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the information, trademarks, and logos displayed on the Site may be owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the Company or such third party that may own the trademark or copyright of material displayed on this Site.

Subject to your full compliance with these terms, the Company authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

DISCLAIMER OF WARRANTIES
To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, the Company does not warrant that: the information on this Site is correct, accurate or reliable; the functions contained on this Site will be uninterrupted or error-free; or defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.

RESPONSES TO ONLINE REQUESTS
From time to time, Company may offer to provide information or materials via email or otherwise to interested persons. Company reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

LINKS TO OTHER SITES
This Site may contain links to non-Company sites. These links are provided to you only as a convenience. Such linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by the Company of the site, and the Company shall have no responsibility for information which is referenced by or linked to this Site.

PRIVACY STATEMENT
Because our Site permits individuals to submit email, we have developed this Privacy Statement to inform Site visitors of our policies and practices regarding such information. At some places on the Site, the use of a "cookie" may be offered. Most browsers now recognize when a "cookie" is offered, and permits the user to opt out of receiving it. If you are not sure whether your browser has this capability, you should check with the software manufacturer or your internet service provider. "Cookies" are used on the Company Site to facilitate use of an area of the Site. We do not use "cookies" to collect and distribute information to third parties for marketing purposes.

ELECTRONIC CORRESPONDENCE TO THE COMPANY AND AFFILIATED SERVERS
Opportunities to send email or to subscribe to email distribution lists through the Site are provided solely to let individuals send comments and communications to use and to request information from us, and they do not give rise to any type of client relationship. These messages are forwarded through the Site to the appropriate persons within the Company so that they may respond to the questions or comments or provide the information requested, if they elect to do so, which is at their discretion. In the event that the Company is requested to contact a visitor to this Site, contact information may also be used for purposes of making that communication. Any electronic communication between you and the Company will not be privileged or confidential; may be disclosed to other persons; and may not be secure. Therefore, you should not send any email to the Company that contains confidential or sensitive information. Further, all information submitted is the exclusive property of the Company. The Company is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to the Company and accepts responsibility for its accuracy, appropriateness, and legality.

ENFORCEMENT OF TERMS AND CONDITIONS
These Terms are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, USA under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, the Company shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The Company may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

The Burns Companies