SUBSCRIPTION AND LICENSE AGREEMENT
BY CLICKING THE “I ACCEPT” BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS SUBSCRIPTION AND LICENSE AGREEMENT (“LICENSE” OR “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE USE OR HIT “I DECLINE.” READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE ASKBURT.BIZ WEBSITE OR ITS CONTENTS. THE MATERIAL CONTAINED ON THIS SITE IS PROVIDED TO YOU UNDER THIS LICENSE, NOT SOLD TO YOU. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE, DO NOT USE THIS SITE OR ANY OF ITS CONTENTS.
This Agreement is an agreement between You (“You” and “Your”) and AskBurt.biz (“AskBurt”) for access to and use of AskBurt proprietary content, as defined herein below. You must read and agree to these License terms before accessing and using AskBurt content. By subscribing, accessing, or using AskBurt content contained therein, You agree to be bound by the terms of this License. If You do not accept the terms, please do not access or use AskBurt content.
For the purposes of this License:
1. LICENSE. In consideration of the subscription fee paid by You, AskBurt will grant You a non-exclusive, non-transferable non-exclusive, limited license and right to access and use (only as expressly permitted hereunder) the AskBurt proprietary or licensed content (“Licensed Materials”).
2. PERMITTED USES AND PROHIBITIONS. The intellectual property, AskBurt.biz owns including without limitation any and all rights under copyright, in the Licensed Materials. Unless specifically indicated otherwise, You may view or print for Your own use individual content containing only insubstantial portions of the Licensed Materials and only for your personal reference. Should You print out individual content, You must include a source reference to AskBurt and its copyright notice. However, no part of the Licensed Materials may be copied for resale or other commercial use, or posted on public bulletin boards, web sites, Internet domains, or online chatrooms. You may not, sell, rent, lease, distribute, sublicense, or otherwise assign any rights to the Licensed Materials or any portion thereof to any third party unless otherwise expressly stated. You may not remove or modify any proprietary notices or labels on the Licensed Materials. In addition, You may not bypass, modify, disable, or circumvent any security features that protect AskBurt Licensed Materials. Any use of the Licensed Materials beyond, outside of and in breach of the License will be a violation of AskBurt’s Intellectual Property Rights, this Agreement, and applicable laws, and may entitle AskBurt to injunctive relief and money damages.
3. OWNERSHIP. The Licensed Materials are the sole and exclusive property of AskBurt.biz or its Licensors. By indicating that you accept these terms, you do not become the owner of the Licensed Materials, but are entitled to use them according to the terms of this Agreement.
4. SUBSCRIPTION. Ask Burt.biz is an online site for providing the sales professional with useful information. The price for a subscription to AskBurt is $19.99 per year. By subscribing to AskBurt, you will be automatically billed annually for the right to access the website. You may cancel Your subscription at any time. However, AskBurt will not refund any amount already paid. You must be at least 18 years of age, and authorized to make online purchases. You will need either a Visa, MasterCard, American Express, Discover, JCB, or Diners Club to purchase a subscription to AskBut.biz. AskBurt reserves the right to withdraw any discount and/or to revise any price at any time prior to acceptance of Your order. The final subscription price will be reflected prior to your confirmation of Your order.
5. SUBSCRIPTION TERM. You have obtained the right to use and access the Licensed Materials for a specific limited period of time (the “Subscription Period”). At the end of the Subscription Period, Your License and your rights to access and use the Licensed Materials will expire automatically, unless you have renewed your subscription pursuant to AskBurt’s then-current terms. The License to use the Licensed Materials will also terminate if you fail to comply with any term or condition in this Agreement. AskBurt’s limitations of liability and disclaimers as well as the provisions of the section titled “General” shall survive expiration or termination of this Agreement for any reason.
7. RESTRICTION AGAINST TRANSFER. You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to access or use the Licensed Materials.
8. WARRANTY AND LIMITATIONS OF WARRANTIES. ASKBURT WARRANTS THAT IT HAS THE RIGHT TO PROVIDE THE LICENSED MATERIALS TO YOU. OTHERWISE, ASKBURT DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED “AS IS”. ALL WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE LICENSED MATERIALS.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL ASKBURT OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE LICENSED MATERIALS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE LICENSED MATERIALS, WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF ASKBURT OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ASKBURT OR SUCH OTHER PARTY’S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to You if prohibited by applicable law. You may also have other rights, which vary from jurisdiction to jurisdiction.
10. GENERAL. This is the entire agreement between AskBurt and You regarding Your access to and use of the Licensed Materials and supersedes all prior understandings regarding this subject matter. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by AskBurt. AskBurt’s waiver of any right shall not constitute a waiver of that or any other right in the future. This Agreement shall be governed by and construed in accordance with the laws and exclusively in the state and federal courts of the state of Texas. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. Should you have any questions regarding this Agreement, you may contact AskBurt at the email address or telephone numbers set forth below.
11. CONTACT INFORMATION. You may contact AskBurt with any questions about this Agreement, the Licensed Materials or any other concerns at https://askburt.biz/contact.