Terms and Conditions
John Burke Design, Inc., (“John Burke Design”), requires all visitors to this site to agree to these terms and conditions.
Please read this Agreement carefully and if you do not agree to all of the terms and conditions, you should not use this site. By accessing the site you indicate your acknowledgment and acceptance of these terms and conditions and agree to be bound by them. This site is provided for use only by individuals and entities with a prior business relationship with John Burke Design or related entities. The content, including without limitation, text, images, data, graphics, financial information, animation, video and/or the arrangement of any of the foregoing on the John Burke Design website (“Content”) are all subject to intellectual property right protection and such material located on www.John Burke Designprop.com and any other website owned, operated, licensed or controlled by John Burke Design or any of its related, affiliated or subsidiary companies may not be copied (in whole or in part), distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of John Burke Design. Any unauthorized modification or use of the Content for any purpose violates John Burke Design’s intellectual property rights. John Burke Design grants to you a personal, nontransferable, revocable and limited license to view Content for your use for purposes of gathering information about John Burke Design. No other right to Content or to the use of the John Burke Design website is granted. Neither title to Content nor any intellectual property right therein is transferred to you by access to this site, but ownership of all rights shall remain solely with John Burke Design, which owns full and complete title to the Content and all intellectual property rights therein.
All remarks, suggestions, ideas, graphics, or other information communicated to John Burke Design by you through this site (a “Submission”) will forever be the property of John Burke Design. John Burke Design will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future John Burke Design operations. Without limitation, John Burke Design will have the exclusive ownership of all present and future existing rights to all Submissions of every kind and nature everywhere. John Burke Design will be entitled to use Submissions for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission. By access to this site you acknowledge that you are responsible for whatever material you submit, and you, not John Burke Design, have full responsibility for the material, including its legality, reliability, appropriateness, originality and copyright.
Cautionary Statement Regarding Forward-Looking Language
Statements made on this site include “forward-looking statements,” as such are provided for by the Private Securities Litigation Reform Act of 1995 (the “Act”). All statements other than those reciting historic fact are statements that could be “forward-looking statements” under the Act. Such forward-looking statements may be found in, among other places, the discussions, presentations, or comments from management regarding John Burke Design’s future operations and performance; proposed new projects, services, or developments; conditions or performance of the existing projects; conditions or performance of the domestic economy; and any statement of an assumption underlying any of the foregoing. Statements containing words such as “expects,” “plans,” “strategy,” “projects,” “believes,” “opportunity,” “anticipates,” “desires,” and similar expressions are intended to highlight or indicate “forward-looking statements.” Although John Burke Design believes that the expectations, opinions, projections, and comments reflected in its forward-looking statements are reasonable, it can give no assurance that such statements will prove to be correct. A wide variety of potential risks, uncertainties, and other factors could materially affect John Burke Design’ ability to achieve the results expressed or implied by such forward-looking statements including, but not limited to, changes in general economic conditions such as interest rate and currency fluctuations, rising commodities prices, and other factors which can negatively affect John Burke Design’s ability to meet its goals.
No Warranties or Representations, No Liability, INDEMNIFICATION
THE CONTENT AND THE SITE ARE PROVIDED FOR YOUR USE IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OF JOHN BURKE DESIGN OR ANY OF ITS AFFILIATES OR AGENTS. THE CONTENT IS NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL CONTENT BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THE CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
The information contained in this site is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent legally permitted, John Burke Design hereby explicitly disclaims all warranties including, but not limited to, all warranties of merchantability, fitness for a particular purpose and against infringement. John Burke Design does not warrant that the functions of this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. John Burke Design does not warrant or make any representations regarding the use of or the result of the use of the CONTENT in terms of ITS correctness, accuracy, reliability, or otherwise. You (and not John Burke Design) assume the entire cost of all necessary servicing, repair or correction. By accessing this website and using the information provided on it, you agree that John Burke Design (including its agents, officers, directors and employees) are not liable TO YOU for damages of any kind AND THAT YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS JOHN BURKE DESIGN, ITS AFFILIATES, EMPLOYEES AND AGENTS FROM ANY CLAIM OR ALLEGATION ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF THE SITE.
These terms and conditions will be governed and interpreted pursuant to the laws of the State of North Carolina, inside the United States of America, notwithstanding any principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Charlotte, North Carolina, USA in all disputes (a) arising out of, relating to, or concerning this site and/or this Agreement, (b) in which this site and/or this Agreement is an issue or a material fact, or (c) in which this site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. John Burke Design has endeavored to comply with all legal requirements known to it in creating and maintaining this site, but makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning this site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Charlotte, North Carolina, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
John Burke Design can revise these terms and conditions at any time by updating this posting. This site may be linked to other sites, which are not maintained by John Burke Design. John Burke Design is not responsible for the content of those sites.
You agree that no joint venture, partnership, employment or agency relationship exists between you and John Burke Design as a result of this Agreement or your use of this site.
John Burke Design’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of John Burke Design’s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by John Burke Design with respect to such use.
All trademarks are the property of John Burke Design or the respective trademark owners.
There may be occasions when John Burke Design obtains personally identifiable information to provide you with correspondence or otherwise. However, John Burke Design only gathers personally identifiable information, such as names, addresses, e-mail addresses, etc., when you voluntarily submit the same. Such personally identifiable information, which may be gathered in connection with John Burke Design’s on-line visitors, is used solely by John Burke Design and is not sold, transferred or otherwise disseminated to third parties.
You agree to use this site for the sole purpose of gathering information on John Burke Design and agree that you will not provide access to this site to any third-parties.
John Burke Design reserves the right to change this policy at any time. Please check this page periodically for changes.
2018 © John Burke Design, Inc. All Rights Reserved.