Updated May 10, 2017

Burton.com's Terms of Use

Welcome to burton.com (the "Site”). The Burton Corporation d/b/a Burton Snowboards provides its services to you subject to the following terms and conditions. ("Terms and Conditions" or "Agreement") Please read the following terms and conditions carefully before using our Site. If you do not agree to these terms and conditions, please do not use our Site. By using or accessing the Site or services, you signify that you have read, understand and agree to be bound by these Terms of Use.


Electronic Communications

When you visit burton.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


Children Under the Age of 18

Burton does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at burton.com only with involvement of a parent or guardian. Burton and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.


The Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to the Site should be sent to info@burton.com. We suggest that you consult your legal advisor before filing a notice because there may be penalties for false claims.


Intellectual Property

All intellectual property on the Site (except for user generated content) is owned by Burton or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Burton name and the Process logo) are owned, registered and/or licensed by Burton. All content on the Site (except for user generated content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Burton; All rights reserved.


Indemnification

You agree to indemnify, defend, and hold harmless Burton, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms of Use, any law or the rights of any third party.


Third Party Links

Burton may link to third-party sites. Burton has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.


Risk of Loss

All items purchased from Burton are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


Product Descriptions

Burton attempts to be as accurate as possible. However, Burton does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Burton itself is not as described, your sole remedy is to return it in a new, unused condition.


Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Site.


Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY BURTON ON AN "AS IS" AND "AS AVAILABLE" BASIS. BURTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BURTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BURTON DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BURTON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BURTON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


Miscellaneous

You agree that this Site shall be deemed a passive website solely based in Vermont, USA, which does not give rise to personal jurisdiction over Burton in jurisdictions other than Vermont. You agree that this Site, Terms of Use, Privacy Policy and any dispute between you and Burton shall be governed in all respects by Vermont law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Burton products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Chittenden County, Vermont. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Chittenden County, Vermont. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Burton products) must be commenced within one (1) year after the claim or cause of action arises. By using the Site, you agree to receive certain electronic communications from Burton. You agree that any notice, agreement, disclosure or other communication that Burton sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Burton’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Burton may assign its rights and duties under these Terms of Use to any party at any time without notice to you.


Termination

Burton reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. Burton also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, Miscellaneous, and terms that by their nature may survive termination shall survive any termination.