Terms of Use

These Terms of Use set forth the terms and conditions governing your use of brettburkhart.com, or any Brett M. Burkhart subsidiary Website (individually and collectively, the "Website"). By using the Website in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of the Website and do not apply to any other Website or any Brett M. Burkhart ("Brett Burkhart" or "brettburkhart.com") product or service, nor change any other agreement between you and Brett M. Burkhart.

Brett M. Burkhart reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes your acceptance of those changes. These Terms of Use were last updated on February 6, 2006.

OWNERSHIP AND USE OF WEBSITE INFORMATION.

All information, materials, photography, and other content located on the Website, except noted third-party materials (Portfolio and Resume sections), are the property of Brett M. Burkhart or its affiliates, and are protected under United States and international copyright, trademark and other intellectual property laws.

Creative works, project related information, applications, screenshots, and other materials found within the PORTFOLIO and RESUME sections of the Website are the intellectual property of the owning company or its affiliates so noted (owning company being the company who initiated and paid for the creative services or where the work was completed), are protected under United States and international copyright, trademark and other intellectual property laws.

LIMITED LICENSE.

Brett M. Burkhart hereby authorizes you to copy materials published by Brett M. Burkhart on this Website solely for non-commercial use within your organization. No other use of the information is authorized. Materials published in the PORTFOLIO and RESUME sections of the Website, that are not the intellectual property of Brett M. Burkhart, may not be copied without prior written consent by the owning party. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Brett M. Burkhart or any third party.

ALL CONTENTS ON THIS WEBSITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM BRETT M. BURKHART. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

SUBMISSION OF INFORMATION.

Any information you send to Brett M. Burkhart through the Website will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit you hereby grant Brett M. Burkhart an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Brett M. Burkhart is free to use any ideas, concepts, know-how or techniques that you send Brett M. Burkhart for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Brett M. Burkhart will not infringe or violate the rights of any third party. Any personally identifiable information that you submit to us shall be treated in accordance with our Privacy Policy.

TRADEMARKS.

brettburkhart.com and THE brettburkhart LOGO are trademarks of Brett M. Burkhart. in the U.S. and other countries. The "DREAMING. DESIGNING. DEVELOPING. A WORLD OF CREATIVE POSSIBILITIES." tagline (slogan) is also a trademark of Brett M. Burkhart in the U.S. and other countries. The use of any of Brett M. Burkhart's trademarks without our prior written consent is strictly prohibited.

THIRD PARTY INFORMATION.

Certain content from third parties may be made available as part of this Website. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of such content and Brett M. Burkhart makes no warranty as to the accuracy of any such information.

LINKS TO THIRD PARTY SITES.

This Website may contain links to other sites on the Internet that are owned and operated by our business partners, third party vendors or other third parties. Clicking on such a link to a third party website will cause you to leave this Website. The links are only provided as a convenience and Brett M. Burkhart does not endorse any of these sites. We do not control the third party sites and therefore we are not responsible for the content of any third party website or any link contained in any third party website. We do not represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer, nor do we make any representation regarding the quality of any product or service contained on any such website. By using this Website to link to another website, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Website to link to a third party website.

LINKS FROM THIRD PARTY SITES.

Brett M. Burkhart prohibits unauthorized links to the Website and the framing of any information contained on the Website or any portion of the Website. Brett M. Burkhart reserves the right to disable any unauthorized links or frames. Brett M. Burkhart has no responsibility or liability for any material on other websites that may contain links to this Website.

NO WARRANTIES.

Information and documents provided on this Website are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Brett M. Burkhart uses reasonable efforts to include accurate and up-to-date information on this Website; it does not, however, make any warranties or representations as to its accuracy or completeness. Brett M. Burkhart periodically adds, changes, improves or updates the information and documents on this Website without notice. Brett M. Burkhart assumes no liability or responsibility for any errors or omissions in the content of this Website. Your use of this Website is at your own risk.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL BRETT M. BURKHART BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF Brett M. Burkhart WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GOVERNING LAW.

This Site is administered by Brett M. Burkhart from our home office in North Carolina. Brett M. Burkhart makes no representation that materials at this Site are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You may not use or export or reexport the materials on this Website, or any copy or adaptation thereof, in violation of any applicable laws and regulations including without limitation U.S. export laws and regulations. The laws of the State of North Carolina shall govern these Terms of Use and all matters relating to your access to, or use of, this Website.