Welcome to Burbio, Inc.'s Web site. When you use www.burbio.com (the "Site"), software downloaded from the Site, if any (the "Software"), and/or the services made available on or through the Site or through the use of the Software including the download and use of such Software (collectively, the "Services"), you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Remember, you are entering into a legally binding agreement by using the Site and the Services!
By using the Services or visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by this User Agreement and any modifications that may be made to this User Agreement from time to time. If you do not agree to this User Agreement, you should not use the Services or visit or browse the Site. This User Agreement constitutes a binding legal agreement between you and Burbio, Inc. ("Burbio," "we," "us," and "our"). Please read them carefully before accessing or using the Site or the Services.
We reserve the right to modify this User Agreement at any time and in any manner in our sole discretion. Notice of any modification of this User Agreement will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site or the Services to determine whether a change has been made to this User Agreement. If you do not agree to any changes in this User Agreement as they may occur, please arrange to terminate your use and registration with the Site immediately and discontinue your use of the Service and the Site. You agree that we are not liable to you or to any third party for any modification of this User Agreement.
- Signing Up; Subscribing
You agree to provide true, accurate, current, and complete information about yourself as prompted when you sign-up to create a calendar for yourself or your organization and/or when you subscribe to receive updates and information from another person or organization’s calendar through the Site and/or the Services (such information being referred to, as the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services or the Site. You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to the devices you use to access the Site and/or the Services. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and may also disclose user information if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this User Agreement; (c) respond to claims that any User Content (as defined below in Section 3) violates the rights of third parties; or (d) protect the rights, property, or personal safety of Burbio, its users or the public. You agree that if you create a calendar with Private Content (see below) and in connection with such creation you provide Burbio with the names, email addresses and/or other contact information of persons you designate to receive the Private Content posted by you, you represent and warrant that you have received the consent of each such person to provide such information to Burbio and to permit Burbio to use such information for the purposes of providing the Services through the Site.
3. User Content
You are responsible for the User Content you post on the Site and in using the Services and the consequences of posting or publishing it. By uploading User Content to the Site, you hereby represent and warrant that:
- You own all right, title and interest (including all intellectual property rights) in the User Content or, alternatively, you have acquired all necessary rights in the User Content to enable you to grant the rights in the User Content described herein and it does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party;
- You have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing to any person by reason of any User Content posted by you to or through the Site;
- If the User Content contains a photograph, you are the individual pictured in the User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear in the User Content to grant the rights described herein and you shall make such permissions available to Burbio upon request; and
- You agree to keep all records necessary to establish that the User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of Burbio. You acknowledge that your consideration for the rights you grant under this User Agreement and to the User Content is, among other things, the tools and functionality provided for your use on the Site. You will not receive any further compensation of any kind for the User Content. The Public Content will not be acknowledged, returned or held "in confidence" by Burbio. We reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. We and have no obligation to inform you of any decision to remove or not post such materials.
All User Content, whether publicly posted on or privately transmitted via the Site or the Services, is the sole responsibility of the person from whom the User Content originated and not of Burbio, or its shareholders, directors, officers, employees or agents. Under no circumstances will Burbio or its shareholders, directors, officers, employees or agents be held liable for any loss or damage caused by your reliance on User Content obtained through the Site and/or the Services or any acts or omissions arising from your use of the User Content, the Site or the Services. It is your responsibility to evaluate the User Content available through the Services and/or the Site and confirm its accuracy with those third parties you deem responsible for the User Content.
- Removal of User Content
We may and will make efforts to, but have no obligation to, remove User Content, in whole or in part, and accounts containing User Content that we determine in our sole discretion to be unlawful, offensive, illegal, abusive, threatening, libelous, defamatory, obscene or otherwise objectionable and/or which violates any party's intellectual property or other rights, or this User Agreement. While we prohibit offensive and unlawful conduct and content on our Site, you understand and agree that neither Burbio nor its Partners is responsible or liable for the User Content posted on the Site. You may be exposed to such materials and agree to use the Burbio Site at your own risk. Burbio reserves the right to discontinue any aspect of the Burbio Site at any time, including discontinuing any linked or embedded User Content either generally or in specific cases. Additionally, you may request that Burbio delete any User Content you have posted at any time, unless you have shared such User Content with others and they have not deleted it, or it was copied or stored by other users.
- Trademark; Copyright
Burbio is a registered trademark of Burbio in the USA. The Burbio logo is trademarks of Burbio in the USA. All graphics, logos, page headers, button icons, scripts and service names (not a part of User Content) are trademarks or trade dress of Burbio. Any trademarks not owned by Burbio that appear on the Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Burbio. All content and compilation thereof on the Site or the Services posted by Burbio, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations posted by Burbio and the Software (collectively, the “Burbio Content”), is the property of Burbio, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No Burbio Content should be reproduced or used without our express written permission. The Burbio Content and the User Content are hereby defined collectively, as the “Content.”
On the condition that you comply with all your obligations under this User Agreement, we grant to you a limited, personal, non-exclusive, non-transferable, non-sublicensable right to access the Site and the Services and, if applicable, to license and install and use one copy of the Software on an unlimited number of personal computers solely to use the Services to the extent you have the right to access the Services. Your right to access the Site and the Services is limited by the terms of this User Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Services and the Site, including all related intellectual property rights. The Services and the Site are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this User Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Site, the Software or the Services; nor (c) circumvent or disable any security or technological features or measures in the Site, the Software or the Services.
- Usage Guidelines and Restrictions
You agree not to use the Site or the Services to:
- Upload, post, send email to, or otherwise transmit any User Content that contains sensitive financial or medical information, such as any person’s social security number, passport number, bank account or credit card numbers or passwords or current medical conditions, diagnoses or prescriptions), or any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or organization;
- Upload, post, send email to, or otherwise transmit User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements or information for which you have not received consent);
- Upload, post, send email to, or otherwise transmit User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, send email to, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
- Upload, post, send email to, or otherwise transmit 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;
- Interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, "stalk" or otherwise harass another, or collect or store personal data about other users without their expressed, written consent;
- Use any automated means to access the Site or the Services or collect any information from the Site or the Services (including, without limitation, robots, spiders, or scripts); or
- Frame the Site or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
- Mobile Usage
The Site and the Services may include mobile features that allow you to access information in your account from a mobile device. Burbio does not charge for use of these features, but your mobile service provider may do so. Message and data rates may apply. In the event you change or deactivate your mobile use of the Site or the Services, you must promptly update your account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. If Burbio makes available to you any services through which you receive text messages, you will be able opt-out of text messages at any time by replying to any text message from Burbio with the wordSTOP, or by sending STOP to 287256 (BURBIO). If you opt-out in error, you can contact us to regain the use of text messaging features. You can obtain help information by replying to any text message from Burbio with the word HELP, or by sending HELP to 287256 (BURBIO). Text messaging features are available only in the United States and Canada. Currently supported US and Canadian mobile operators, if any, can be found on the Mobile Access help page, and are subject to change. The number of messages you receive depends completely on the number of times you receive messages or appointment reminders to your mobile device.
This User Agreement will remain in full force and effect while you use the Site or the Services unless otherwise terminated as set forth in this Section 10. You may terminate your account and/or subscription at any time, for any reason, by sending email to us atBurbio Help. You agree that Burbio, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site and the Services, and remove and discard any User Content within the Site, for any reason, including, without limitation, for lack of use or if Burbio believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. Burbio may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site or the Services may be effected without prior notice, and you acknowledge and agree that Burbio may immediately deactivate or delete your account and all related information and User Content in your account and bar any further access to such information or to the Site or the Services. You agree that Burbio shall not be liable to you or any third party for any modification or termination of your access to the Site or the Services, or for your inability to recover any User Content.
- Disclaimers of Warranties; Limitations on Liability
The Site, the Services (including all Content), and the Software are provided on an "as is,” “as-available” basis; Burbio makes no representations or warranties of any kind with respect to the Site, the Services, the Software or the Content. Burbio assumes no liability or responsibility for any errors or omissions in providing the Site, the Services, the Software or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. BURBIO IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON THE SITE OR USING THE SERVICES. Please do not post any sensitive financial or medical information as part of your User Content, such as any person’s social security number, passport number, bank account or credit card numbers or passwords or current medical conditions, diagnoses or prescriptions. Burbio expressly disclaims all representations and warranties relating to the Site, the Services, the Software and the Content, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement. In addition, Burbio does not represent or warrant that the information on or accessible via the Site or through the Services is complete, accurate or current. BURBIO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, BURBIO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. BURBIO DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. BURBIO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BURBIO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK AND FOR ANY OTHER REASON.
- Limitations on Liability
BURBIO AND ITS AFFILATES' AND SUPPLIERS' AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES', AND AGENTS' LIABILITY UNDER THIS USER AGREEMENT IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. BURBIO AND ITS AFFILATES AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. BURBIO AND ITS AFFILATES' AND SUPPLIERS' AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES', AND AGENTS' TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THE SOFTWARE, THE CONTENT, AND THIS USER AGREEMENT, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THIS USER AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS USER AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS USER AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS USER AGREEMENT. WE ARE NOT RESPONSIBLE, AND MAKE NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS TRANSMISSION OF ANY USER CONTENT) SENT THROUGH THE SERVICES OR THE SITE TO ANYONE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
- Beta Services
From time to time, Burbio may post, publish, distribute, present for download or otherwise make available Beta versions or portions of the Site or the Service ("Beta Services") for public use. Beta Services may be identified as Beta, Beta 2, Beta 3, or Public Beta in the Site or the Services. Beta Services are available to the public for testing and evaluating purposes as part of the site development process. As a user of Beta Services you are encouraged, but not required, to identify potential errors and improvements ("Feedback"). You hereby grant Burbio the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Site and/or the Services and to create other products and services. There are risks associated with using Beta Services. Beta Services has not yet been tested like other commercially released services that you may use. Therefore, it is likely that the Services will contain errors. If you do not wish to accept these risks, please do not use the Beta Services. Furthermore, Burbio is not obligated to correct errors or correct the effects of errors (e.g. recover lost data) or provide any technical support related to use of Beta Services.
You agree to indemnify and hold Burbio and its suppliers and affiliates and their respective stockholders, officers, directors, employees, agents and other partners, harmless from any all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations arising out of, resulting from or connected with your failure to comply with this User Agreement, including, without limitation, your submission of User Content that violates third party rights or applicable laws, any User Content that you submit to the Site, or any activity in which you engage on or through the Site or the Services.
- Acts Contrary to this User Agreement
If you believe that you are entitled or obligated to act contrary to this User Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this User Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
- Links and Advertising
- Governing Law and Arbitration
This User Agreement is governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Any controversy or claim arising out of or relating to this User Agreement, the Site, the Services, the Software or this User Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site or the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
In the event that you have a dispute with one or more users of the Site or the Services, you release Burbio (and our officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- Claims of Copyright Infringement
Burbio respects the intellectual property rights of others, and requires that the people who use the Site and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If we receive such a claim, we reserve the right to refuse or delete User Content as described under this User Agreement and to terminate a user's account.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
204 Nyac Avenue
Pelham, NY 10803
Attn: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or the Services, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.
- Export Restrictions
Your use of the Site and the Services, including the Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You may not export or re-export the Software without (a) the prior written consent of Burbio; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses. You agree that you shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any the Services or the Software to any end-user without obtaining the required authorizations from the appropriate government authorities.
Burbio's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Services, you consent to receiving electronic communications from Burbio. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Burbio is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. This User Agreement contains the entire agreement between you and Burbio and supersedes all prior agreements between the parties regarding the subject matter contained herein. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site, the Services or any content or other material used or displayed through the Services. You may not assign or delegate any rights or obligations under this User Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this User Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Burbio, Inc. for any third party that assumes our rights and obligations under this Agreement.
Please direct any questions regarding this User Agreement to Burbio Help.