Terms of service

Last Updated June 4, 2021

Please read these Terms of Service carefully before using our website or services. By accessing or using any part of the site, you agree to be bound by these Terms of Service. By agreeing to these Terms of Service, you represent that you are at the legal age in your state of residence or country to agree to these terms. If you do not agree to all the terms and conditions, then you may not access this website or use any services.

Throughout the site, the terms “BHCO”, “we”, “us” and “our” refers to Burke & Hare Co, LLC.  We present this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  By visiting our site and/ or purchasing something from us, you are engaging in our “Service” and agree to be bound by the following terms and conditions.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Service or access to the website following the posting of any changes constitutes acceptance of those changes.

Products and Services

Products: All content, availability, specifications, products and prices of products described or depicted within the website are subject to change at any time without notice.
Descriptions, Content and Information:  Color, size, weights and measurements or any other similar descriptions are approximate and are provided for your convenience. We make a reasonable effort to accurately display the attributes of our products and provide information that is complete. Small discrepancies may occur due to the handmade nature of our products including color variations or slight weight fluctuations. We reserve the right to make reasonable modifications to the product in the event of supply changes or inventory issues. We do not warrant or make guarantee that products or experiences will meet your expectations or any errors in service will be corrected to your satisfaction. In the event of a pricing error or discrepancy with respect to products, we reserve the right to cancel any orders (or partial orders) for such products. 

Customer Accounts: In order to use certain services, discounts and/or purchase products, you may be required to create an account. You agree to maintain and update your Account information. BHCO reserves the right to suspend or terminate access to and use of the Services. You may control your Account by utilizing the settings function. By accessing the Services and/or setting up an Account, you consent to having these Terms provided to you in electronic form. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service (“Contact Information”), you consent to receiving communications about our products or Services using the provided contact information. This means we may contact you by e-mail and/or mobile telephone number, text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. 

Shipping:  When a product order is placed, it will be shipped to the address designated by you. You are entirely responsible for the accuracy of the shipping address. By choosing free or discounted shipping options you agree to allow us to choose the carrier and method of shipping. BHCO has no liability in the event that a package is lost or undeliverable because of an error or incomplete address supplied and confirmed by you during checkout.

Confirmation, Cancellation and Coupons: please note, receiving an order confirmation via email is automated and does not constitute our acceptance of an order nor an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product and/or to refuse fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.  We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.  Partial shipment or partial cancellation of orders may occur.

General Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system to access the Services; (iii) interfering with the proper working of the Services; (iv) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. 

By registering for an Account and/or placing an order, you represent that the Products ordered will be used only in a lawful manner and as intended by the manufacturer.

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Proprietary Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “BHCO Content”), and all intellectual property rights related thereto, are the exclusive property of BHCO and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any BHCO Content. Use of the BHCO Content for any purpose not expressly permitted by this Terms is strictly prohibited.  These Terms do not provide you with title or ownership of any Services or BHCO Content, but only a limited right to use the same solely upon the terms expressly set forth in these Terms.  

Payment

BHCO uses a third-party payment processor (the “Payment Processor”) to handle credit card transactions. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms.  

Privacy

We care about the privacy of our customers. BHCO privacy practices are governed by our privacy policy, the most updated copy of which can be found at https://burkehareco.com/pages/privacy-policy ("Privacy Policy"). The Privacy Policy does not cover the information practices exercised by any third parties that BHCO does not own or control. 

Indemnification

You agree to defend, indemnify and hold harmless BHCO (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Services in violation of these Terms; (b) your violation of any law or the rights of a third party; or (c) any use of the products that caused injury or damage to yourself or a third party. This indemnification obligation will survive the termination of these Terms and your use of the Services. 

No Warranty 

1. The services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied. Bhco, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the services will meet your requirements; that the services will be uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. 
2. Bhco may alter, suspend, add to, or discontinue the services in whole or in part at any time for any reason, without notice or cost. By having access to the services, you agree that BHCO and partners may place advertisements on the services. The types of advertisements are subject to change. 
3. If you are dissatisfied with the services and/or any products purchased through the services, your sole and exclusive remedy is to discontinue its or their use.  
4. The disclaimers and exclusions under these terms will not apply to the extent prohibited by applicable law.

Limitation of Liability 

1. To the maximum extent permitted by applicable law, in no event shall BHCO, its affiliates, agents, directors or employees, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if BHCO has been apprised of the possibility or likelihood of such damages occurring.  
2. To the maximum extent permitted by applicable law, BHCO assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services or products;  (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions  in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vii) the defamatory, offensive, or illegal conduct of any third party. In no event shall BHCO, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to BHCO hereunder or $100.00, whichever is greater.
3. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This terms gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this terms will not apply to the extent prohibited by applicable law.
4. Governing law and Dispute Resolution

Governing Law; Limitation of Claims. This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin. You agree that regardless of any statute or law to the contrary, any claim or cause of action against BHCO arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.

Dispute Resolution. We strongly encourage you to first contact us directly to seek a resolution of any dispute or claim by emailing info@burkehareco.com.  You and BHCO agree that any and all disputes or claims that have or may arise between you and BHCO shall be resolved exclusively through final and binding arbitration, rather than in court. 

The arbitration will be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.  Your rights will be determined By a neutral arbitrator and not a judge or jury.  Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.

the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;

the arbitrator may award any individual relief or individual remedies that are permitted by applicable law;  and

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Milwaukee County, Wisconsin.

Expenses and Attorneys’ Fees.  In the event any action is brought to enforce any provision of these Terms or to declare a breach of these Terms, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby. 

1. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

General

Notification Procedures and Changes to the Terms. BHCO may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by BHCO in our sole discretion. BHCO reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. BHCO is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. BHCO may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.

Electronic Communications.  Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Entire Agreement / Severability. These Terms shall constitute the entire agreement between you and BHCO concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect

No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and BHCO’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Feedback.  We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services. 

Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of the Terms. Each capitalized term used in these Terms shall have the meaning attributed to it in any part of these Terms.  

Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms regardless of the cause of such termination.