TERMS OF SERVICE

WEBSITE Terms of Service

Welcome to www.burleyservices.com (the “Website”).  These Website Terms of Service, our separate Privacy Policy, and our separate Refunds & Returns Policy (collectively, the “Policies”) all apply to your use of this website. Before using this website, you should carefully read these Terms of Service and the associated policies. By using the Website, you agree to be bound by and accept these Website Terms of Service and all other Policies, as well as the terms and conditions specified here and there.

Only if you accept these Terms of Service and all related policies should you use this website. This Website is the sole property of BurleyServices©, a Texas corporation, (the “Company,” “BurleyServices,” “we,” “our,” or “us”) and shall not be used for any purpose that is unlawful or otherwise prohibited by these Website Terms of Service and the other Policies. 

You undertake not to use this website and it’s Terms of Service in any way that could harm, disable, overburden, or impair it, or that would obstruct anybody else from using it. You should not rely on any of the information or materials on this website (the “Content”) for any reason at all. You hereby bear all risks related to the use of this website.

TRADEMARKS

This website includes elements, such as names, expressions, and/or logos, that are either the company’s or its licensors’ registered or unregistered trademarks, service marks, or trade dress. Nothing on this website should be read as conferring any license or permission to use any trademark, service mark, or trade dress used on this website in any way, whether directly, implicitly, legally, or otherwise mentioned in our Terms of Service.

Without the express written consent of the Company, it is strictly forbidden to use any trademark, service mark, or trade dress in any unauthorized or unlawful manner, including but not limited to doing so on another website as part of a link to this Website.

COPYRIGHT

The Company and/or its licensors have the right of ownership over the Content published on this website. Without the company’s permission, it is totally forbidden to use any of the content on this website as mentioned in this Term of Service agreement.

You are not allowed to change, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise exploit any information, Content, pictures, materials, products, or services obtained from this website, unless expressly permitted by these website terms of service. To the maximum extent of the law, the Company will zealously enforce its intellectual property rights.

Social Media

Links to other websites, blogs, wikis, file-sharing services, user-generated content, virtual worlds, social networks, or other online publishing or discussion platforms (collectively “Social Media“), including Facebook®, LinkedIn®, Twitter®, YouTube®, and/or Instagram®, may be found on this website.

For informational purposes only, the company makes its social media pages accessible on any such websites. The policies and any rules and disclaimers the company posts on social media platforms, if any, apply to your usage of the company’s pages there.

Communication Forums

This website might offer bulletin board services, chat rooms, news groups, forums, communities, personal web pages, calendars, and/or other messaging or communication facilities (collectively, “Communication Forums”) that allow you to engage with the general public or with a group.

You consent to only posting, sending, and receiving messages and materials that are appropriate and pertinent to the specific communication forum when using the communication forums. You agree that when using a Communication Forum and the Website, you will not do the following, by way of illustration only and not as a limitation:

(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, (c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents,

(d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage this Website or the operation of another’s computer, (e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Forum specifically allows such messages, (f) conduct or forward surveys, contests, pyramid schemes or chain letters,

(g) download any file posted by another user of a Communication Forum that you know, or reasonably should know, cannot be legally distributed in such manner, (h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, (i) restrict or inhibit any other user from using and enjoying the Communication Forums,

(j) violate any code of conduct or other guidelines which may be applicable for any particular Communication Forum, (k) harvest or otherwise collect information about others, including e-mail addresses, without their consent, or (l) violate any applicable laws or regulations.

The Company is not required to keep an eye on the communication forums. The Company, however, reserves the right to: (1) review materials posted to a Communication Forum and to edit, refuse to post or remove any information or materials, in whole or in part, in its sole discretion,

(2) terminate your access to any or all of the Communication Forums at any time without notice for any reason whatsoever, and (3) disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

When disclosing any personally identifying information about you or your kids in a communication forum, exercise prudence at all times. The Company expressly disclaims any duty with relation to the Communication Forums and any actions that may arise from your participation in any Communication Forum because the Company neither monitors nor endorses the content, messages, or information found there. The opinions of managers and hosts do not always represent those of the company because they are not authorized company spokespersons.

There may be posted restrictions on use, replication, and/or dissemination of materials uploaded to a communication forum. If you download any materials, you are in charge of following these restrictions.

Submissions

Any feedback, ideas, recommendations, or other non-personal communications made to the Company through this website shall be regarded as non-confidential. By giving the Company access to such information or materials, you hereby grant the Company a non-exclusive, permanent, irrevocable license to use, reproduce, alter, publish, edit, translate, distribute, and display such information or materials.

Without this permission, no information or materials may be sent to the Company. You warrant and represent that you own or otherwise control all of the rights to the information or materials you are giving to the Company, including, without limitation, any rights necessary for submission of the information or materials to the Company. No information, including but not limited to any personally identifiable data, should be submitted to this website by anyone under the age of 18.

No information or materials submitted to this Website may contain any of the following:

(a) any vulgar, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing information or material; (b) any sexually-explicit information or materials; (c) any copyrighted, trademarked or other proprietary information without the owner of such information’s consent;

(d) any trade secrets or other confidential information without the owner of such information’s consent; (e) any information or material that infringes upon any intellectual property rights or privacy rights of any person or entity; or (f) any advertisements or solicitations for business.

Links

Links to websites not owned, controlled, or maintained by the Company may appear on this website. The only purpose of these links is to make it easier for you to access other websites that offer legal and other information. The Company has no control over and assumes no liability for any information, products, or services on or available from the linked websites.

Any links to other websites are given for your convenience only. The inclusion of its link does not imply Company endorsement, association, or affiliation with the linked website, any associated products, services, or other materials. Without the express written authorization of the Company, no other website may provide a link to this Website, and this prohibition extends to using the Company’s trademarks and service marks to signify any such link.

Employment

On this website, the Company may post job openings or information about employment opportunities. The Company is an equal opportunity employer and offers qualified candidates equal employment opportunities without regard to age, veteran status, sexual orientation, race, color, religion, sex, national origin, or any other classification that is protected by applicable law. There is no stated or implied employment connection between you and the Company as a result of the inclusion of any employment-related material or opportunities on this website.

Disclaimer

THIS WEBSITE OUR TERMS OF SERVICE AND ALL CONTENT AND OTHER MATERIALS HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED.  THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WHERE PERMISSIBLE BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. 

THE COMPANY MAKES NO WARRANTIES IN THIS TERMS OF SERVICE OR REPRESENTATIONS THAT THE WEBSITE WILL BE UNINERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS OR CONTENT. 

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS IN THIS TERMS OF SERVICE ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THIS WEBSITE.  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF USE, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS RESULTING TO YOUR COMPUTER OR YOUR BUSINESS, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE.

Indemnification

By using this Website and agreeing to our terms of service, you agree to defend, indemnify, and hold harmless the Company, its members, managers, shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against any and all claims, actions, damages, penalties, fines, costs, expenses, losses or other liabilities, including, but not limited to, reasonable attorney fees, , arising from, in connection with, or in any way relating to your use or misuse of this Website or breach of the Policies.  The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Representations and Warranties. 

By using the Website, you hereby represent and warrant to the Company that: (a) the Policies are the legal, valid and binding obligations of you enforceable against you in accordance with their terms; (b) you have full authority to enter the Policies and your entering the Policies does not require the approval or consent of any third party; and (c) your use of the Website will be in accordance with the Policies.

MODIFICATIONS AND REVISIONS

The Policies are subject to change or revision at any time by the Company, at its sole discretion, without prior notification to you. The Website will be updated with any updates to the Policies. As a result, you should evaluate the Polices on this Website on a regular basis.

Procedure for Making Infringement Claims

The Company respects the intellectual property rights of others and demands that those who visit or use the Website do the same.  If you believe your intellectual property rights have been violated in any way by the Company or the Website, pursuant to the Digital Millennium Copyright Act (“DMCA”), please provide the Company a written (not email) notice to its designated agent containing the following information:

  1. The signature of a person authorized to act on behalf of the owner of the intellectual property allegedly infringed;
  2. A description of the intellectual property you claim has been infringed upon;
  3. A description on the content you claim is infringing and where it appears on the Website;
  4. Your contact information, i.e. you name, address, telephone number, and email address;
  5. A statement that the owner has a good faith belief that use of the allegedly infringing content is not authorized by the owner of the intellectual property, its agent, or the law; and
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

The Company’s designated Agent for DMCA notification of infringement is as follows:

BT HOLDINGS LLC

2186 Jackson Keller Rd Ste 517

San Antonio, TX 78213

Phone: (210) 816-3303

Attn: Trust Legal Aid

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Website Accessibility Statement

Accessibility Assistance. Alternate Method.

If you encounter difficulty using or accessing any element of the Website provided by BurleyServices©, please call us at 1 (888) 406-7889 or email us at support@burleyservices.com and we will work with you to provide the information or product you seek through an alternate communication method that is accessible for you consistent with applicable law (through telephone support). Customer service representatives are also readily available in our store, located at 2186 Jackson Keller Rd Ste 517 San Antonio, TX  78213.

Goal of Accessibility for All

BurleyServices© wants you to enjoy your time on our website, and we work to advance inclusivity and accessibility. We want to make using our website as successful and pleasurable as possible, regardless of whether you need assistive technologies like speech recognition software, captions for videos, a screen reader, or a magnifier.

Actions

We are actively devoting resources and taking a wide range of actions to enhance the accessibility of our Website. The following examples are listed below:

  1. Working with our Website platform company to review our Website for accessibility in relation to Web Content Accessibility Guidelines (WCAG).
  2. Approaching an outside accessibility web firm with experience and skills pertaining to accessibility
  3. Creating a statement that promotes accessibility
  4. Allowing for keyboard navigation
  5. Including captions for video content
  6. Offering alternate methods of doing business and communication with TheySource©, such as through our brick and mortar store and through telephone communications
  7. Reviewing our website periodically to test accessibility
  8. Requesting feedback and suggestions from our customers on how we can improve our accessibility
  9. Providing employee training regarding any accessibility issues
  10. Working with our third party technology suppliers to promote the accessibility of all third party components of our technology environment

Ongoing Effort

Although we are proud of the efforts that we have completed and those that are in progress, we at BurleyServices© view accessibility as an ongoing effort.

Feedback

Please contact us at 1 (888) 406-7889 or support@burleyservices.com if you have any feedback or suggestions as to how we could improve the accessibility of our website.

General Provisions

The Company reserves the right, in its sole discretion, to terminate your access to this Website and related services or any portion thereof, without notice for any reason whatsoever.  The use of this Website and the Policies shall be governed by the laws of the State of Texas, without regard to conflict of law provisions. 

The state and federal courts of Bexar County, Texas shall have exclusive jurisdiction over any arbitration or legal proceedings arising out of your use of this website or any term of the Policies. Any waiver by the Company of a violation of a policy provision does not apply to or be interpreted as a waiver of any subsequent violations of that policy provision or of any other policy provision. 

The Policies and any provision therein shall not be deemed null and void and shall not be affected or impaired if one or more of the provisions included therein shall be determined by any court of competent jurisdiction to be unlawful, invalid, unenforceable, or void in any aspect.

All prior agreements with regard to the use of this Website are hereby superseded by the Policies, which include the full agreement between you and the Company with regard to its use. Any joint ventures, partnerships, agency relationships, or employment relationships between you and the Company resulting from your use of this website are expressly prohibited. Any locality, state, or nation that does not fully implement all Policies stipulations is not permitted to use this Website.

Contact Us

You can get in touch with the company by mail at 2186 Jackson Keller Rd., Ste. 517, San Antonio, TX 78213 if you have any inquiries or concerns about how to use this website or the Policies.

The Company will make a fair attempt to respond to your questions or comments, but it cannot promise that it will. Note that no interactions or correspondences with the Company should be interpreted as legal advice because the Company is unable to do so.

Attorney Fees 

In the event of a disagreement between you and the Company regarding any claim arising from your use of the Website or the Policies, the Company, if it prevails, shall be awarded all costs associated with asserting or defending a claim, including reasonable legal fees, as well as the customary costs and expenses incurred in resolving the dispute, including, without limitation, all fees and expenses related to arbitration.

Arbitration/Class Action Waiver

ALL DISPUTES BETWEEN YOU AND THE COMPANY, WHETHER ARISING IN TORT OR CONTRACT, INCLUDING WITHOUT LIMITATION ALL DISPUTES ARISING OUT OF THE POLICIES AND THE VALIDITY THEREOF, INCLUDING THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, SHALL BE FINALLY SETTLED BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR BEXAR COUNTY, TEXAS PANEL OF ARBITRATORS.

IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, EACH PARTY SHALL SELECT AN ARBITRATOR. THE TWO ARBITRATORS SELECTED SHALL SELECT A THIRD ARBITRATOR AND ALL DECISIONS THEREAFTER SHALL BE MADE BY A MAJORITY OF THE ARBITRATORS. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.) AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED BY ANY COURT HAVING JURISDICTION THEREOF. 

UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR(S) IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF COMPENSATORY DAMAGES AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY DAMAGES IN EXCESS OF COMPENSATORY DAMAGES.

ARBITRATION PROCEEDINGS SHALL BE COMMENCED BY ANY PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE REQUESTING ARBITRATION.  ANY ARBITRATION HEARING SHALL BE HELD IN BEXAR COUNTY, TEXAS, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY AWARD RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY ARBITRATION RULES TO THE CONTRARY,

THE AWARD OF THE ARBITRATOR(S) MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR(S) IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR(S) DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.

Arbitration shall proceed solely on an individual basis without the right for any claims OR DISPUTES to be arbitrated on a class action basis or on bases involving claims OR DISPUTES brought in a purported representative capacity on behalf of others.

The arbitrator’s authority to resolve and make written awards is limited to claims OR DISPUTES between you and the Company alone. Claims OR DISPUTES may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.