PRIVACY, SECURITY, AND TERMS
PRIVACY, SECURITY, AND TERMS
Thank you of visiting BurbsUSA’s website. We hope you enjoy your experience.
TERMS OF USE:
Please review these basic terms for use of www.BurbsUSA.com and its related sites (collectively, the “Website” or “Websites”). By using this Website, you agree to follow and be bound by these Terms of Use (collectively, the “Terms”). If you do not agree with any of these Terms, please do not use the Websites. We may change these Terms any time. By using the Website after a change, you agree to follow and be bound by the Terms as changed. Accordingly, please review these Terms regularly. Throughout these Terms, “BurbsUSA”, “we”, “us”, and “our” refer to BurbsUSA and its parents, subsidiaries, and its affiliated entities.
INTELLECTUAL PROPERTY:
The Website and its entire contents, features, and functionality (including by not limited to all information, text, displays, images, icons, video, and audio, and the design, selection, and arrangement thereof), are owned by BurbsUSA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit personal, non-commercial, use of the Website only. You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Website, unless otherwise permitted to do so by law or by written consent from BurbsUSA. Nothing in the Terms transfers to you any right, title or interest in any content on the Website, including any intellectual property or content of third parties included on the Website. You must not access or use any part of the Website, or materials available through the Website, for commercial purposes.
If you wish to use any material on the Website, please submit a request to the Legal Department using the “Contact Us” form. Consent and/or permission can be granted or withheld at the sole discretion of BurbsUSA. Failure to respond to any request, does not constitute consent or permission.
TRADEMARKS:BurbsUSA® as well as most other product names and logos used by BurbsUSA on this website are the trademarks or registered marks of BurbsUSA. These include all products, logos, phrases denoted with™ or ®, and all related names, designs and slogans. Trademarks of other parties are identified wherever possible and BurbsUSA acknowledges their rights, and include, but are not limited to, the following:
BGO Gear and Bullgator Outfitters is a trademark of Bullgator Outfitters, Inc.
GRG Performance and Got Rum Gear a trademark of Got Rum Gear Inc.
VELCRO® is a registered trademark of Velcro Industries B.V.
COPYRIGHT AND USAGE OF CONTENT:
The copyrights and other rights to the materials on our Website, or other BurbsUSA owned or operated platforms (i.e. blogs, social media accounts, etc.), are owned by BurbsUSA. No further publication or commercial use may be made of these materials without the express written permission of BurbsUSA.
WEBSITE CONTENTS AND TECHNOLOGIES:
BurbsUSA does not provide the technologies used to build our Website and, therefore, we neither recommend nor endorse these technologies. Any information regarding identified technologies, including their capabilities, limitations, and applications, should be sought directly from their manufacturers. We hereby disclaim any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests of third parties. The downloading or export of software or technical data from this Website to any other jurisdiction may be a violation of the United States export laws and is strictly prohibited,
USER-GENERATED CONTENT AND PRODUCT REVIEWS:
BurbsUSA welcomes your comments and submissions regarding our company, products, Website, blog, and/or services, which might include personal information about you and your use of the Website or BurbsUSA products. Please review our Privacy Policy for more information.
As a condition to your submission of any comments, reviews, photos, or other material, including social media posts associated with hangtags related to BurbsUSA (“User-Generated Content”), you agree to grant BurbsUSA an irrevocable, royalty-free, worldwide, and non-exclusive license to use, reproduce, distribute, publish, display, and create derivative works of the User-Generated Content, in any media now or hereafter known. BurbsUSA may display your User-Generated Content for other users to see, together with your name and associated social media account profile, if applicable.
BurbsUSA may request to use or display the User-Generated Content you post on Facebook, Twitter, Instagram, or Pinterest by sending you a direct message. By responding to our message with “#YESBURBSUSA you grant us permission to use your User-Generated Content and agree to be bound by these Terms.You understand, agree, represent and warrant that: 1) such User-Generated Content may be used on the Website and/or other BurbsUSA maintained websites, marketing materials, or social media pages; 2) you are 18 years of age or older and have the full power and authority to submit the User-Generated Content and grant the licenses herein; 3) the User-Generated Content will not violate anyone else's right, including copyright, trademark, privacy or other rights; and 4) your User-Generated Content complies with all applicable laws, rules and regulations, as well as any applicable third-party agreements, including without limitation Instagram, Facebook, Twitter, Pinterest, and Vine’s Terms of Use. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane, or otherwise unlawful, obscene or objectionable material, as determined by, and in the sole discretion of, BurbsUSA. You will be solely responsible for the content of any submissions you might make.
BurbsUSA has the right to remove or refuse to post any User-Generated Content for any or no reason, in its sole discretion. BurbsUSA cannot review all material before it is posted on the Website or ensure prompt removal of objectionable material after it has been posted. Accordingly, BurbsUSA is not responsible or liable for the content or information that others post or transmit to the Website, for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity or other objectionable material contained in any such information, or for the conduct of any Website user.
PRODUCT INFORMATION AND ORDERS:
Products displayed on the Website can be delivered only in accordance with United States export laws and regulations. By placing your order with us, you are representing to us that you will comply with all applicable laws and that you are of legal age and, furthermore, you agree to hold us harmless from your failure to comply with these requirements.
Product pricing and availability are subject to change without notice. The display of product color will depend on your individual monitor and BurbsUSA cannot guarantee the accuracy of your monitor’s display.
All orders placed through the Website are subject to BurbsUSA’s acceptance. This means that BurbsUSA may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, BurbsUSA will issue you a refund.
REGISTERED CUSTOMER ACCOUNT:By creating a Registered Customer Account on the Website, you will be able to move through the checkout process faster, store shipping and billing information, view past orders, and track shipments. An account is not required to make purchases via the Website. If you do not wish to set-up an account, you can process to checkout as a “Guest”. Please review our Privacy Policy for full details.
LINKS TO OTHER WEBSITES:
Any links contained on the Website to outside websites are provided only as a convenience. All use of outside links is at your sole risk. If you have any concerns regarding any outside site linked to or from the Website, please direct them to the owner or operator of the outside site. BurbsUSA is not responsible for any outside sites, services, or other materials linked to or from the Website, and we disclaim all liability for any injury you might experience by using such materials. You may not create hyperlinks to this Website, nor may you use any "framing" or similar techniques to enclose any portion of this Website without BurbsUSA’s prior written consent.
DISCLAIMER:
THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU "AS IS," FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL BurbsUSA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF BurbsUSA IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Additionally, BurbsUSA makes no representations or warranties whatsoever about any other website which you may choose to access through this Website. Links provided by BurbsUSA to such websites are provided solely for your convenience and should not be deemed to imply that BurbsUSA endorses those websites or any content therein.
INDENIFICATION:
You agree to defend, indemnify and hold BurbsUSA (along with its directors, officers, employees, and agents) harmless from and against any claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Website (including User-Generated Content) or your violation of any of these Terms.
MISCELLANEOUS:
This Website is controlled and operated by BurbsUSA, from our offices in Delray Beach, Florida. Unless otherwise specified, BurbsUSA displays this Website and its contents solely to market and promote products and services in the United States and make no claims as to its accessibility outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. Should you choose to access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with local laws.
These Terms shall be construed according to California law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the contents of the Website, the use of the Website, or products or services purchased using this Website, shall be resolved exclusively by the state and federal courts of the State of California. Your use of the Website constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.
These Terms, together with the Privacy Policy, are the entire agreements between you and BurbsUSA relating to the Website or its contents. Any other agreements are superseded and have no force or effect.
TERMINATION:
Your failure to comply with these Terms automatically revokes your authorization to use the Website and terminates any and all rights granted to you under the Terms. The restrictions, including restrictions with respect to its content, disclaimers, and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all content downloaded or obtained from this Website, as well as all copies of content.
PROMOTIONS:
BurbsUSA reserves the right to cancel or adjust any order placed online in order to comply with the promotion being offered. We will not charge any customer’s credit card an amount that is greater than the total checkout price. However, orders may be put on hold for a customer service representative to contact a customer for additional information necessary to complete an order. Offers may change at any time and are good only while supplies last, valid in the U.S. only on the BurbsUSA.com website. Promotions cannot be applied to previous orders placed.
EFFECTIVE DATE AND CHANGES:
These Terms are effective as of September 2, 2019. We reserve the right to modify these Terms at any time and in our sole discretion, by posting the revised Terms on this page. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THOSE CHANGES.
PRIVACY POLICY
OUR COMMITMENT TO PRIVACY:
Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used (collectively, the “Policy”).
THE INFORMATION WE COLLECT:
We may collect personal data from customers both online and offline. Online, we may collect information through the Website, an affiliated site (such as a promotional microsite linked to our site), a BurbsUSA page on a community website (such as Facebook or the like), or through similar online avenues. On some pages, you may order products, make requests, submit product reviews, and register to receive materials or information. Offline, we may collect information through our sales associates at retail locations (such as email addresses for the purposes of sending electronic receipts). Our Policy applies to all information collected by or submitted to this Website, BurbsUSA, or its employees as described herein.
The types of personal information collected include, without limitation, your name, address, email address, phone number, and credit/debit card information.
On some pages, you may submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of personal information collected relating to the recipient include their name, shipping address, and phone number.
We may combine information you give us with other information from BurbsUSA sources or transactions, including without limitation, direct mail, catalogs, events, and automatic data collection sources. We may also combine that information with data that is publicly available and/or data from third parties.
AUTOMATIC DATA COLLECTION
Our Website uses “cookie” technology to improve the quality of your experience. A cookie is a small file that contains information sent by a website that is saved on your hard disk by your computer’s browser. Cookies store information that a website may need in order to personalize your experience and gather website statistical data. Any time you visit our Website to browse or to read or download information, we collect and store the name of the domain and host from which you access the Internet (for example, msn.com, google.com, etc.); the Internet protocol address of the computer you are using; the browser software you use and your operating system; the date and time you access our Website; and the Internet address of the website from which you linked directly to our Website. We use this information to measure the number of visitors to areas of our Website, and to help us make our Website more useful and interesting to our visitors. We use information from cookies in the aggregate to analyze for trends and statistics, and then discard it.
The technologies we use for this automatic data collection may include:
- COOKIES: A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
- FLASH COOKIES: Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- WEB BEACONS: Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that enable us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We may also use technologies to collect information about your online activities over time and across third party websites or other online services (e.g. behavioral tracking). Because there are not yet common industry-accepted “do-not-track” standards and systems, our Website does not respond to “do-not-track” signals.
THE WAY WE USE INFORMATION:
We use the information you provide (about you or someone else) when placing an order to ship the product and to confirm delivery, to improve your shopping experience, help target or suggest products for you, and/or to help analyze and improve our Website’s overall performance.
If you contact us, we retain copies of your email correspondence and use return e-mail addresses to answer the e-mail received. Such addresses are not used for any other purpose and are not shared with outside parties.
We may post a product review or other content (including social media posts associated with hashtags related to BurbsUSA) that you submit, although we reserve the right to not post such content if we, in our sole discretion, deem the content inappropriate. See our Terms of Use for more information.
We will occasionally send out promotional e-mails to our previous purchasers relating to special offers, new products and e-mail signups. You may opt-in to receive e-mails from us by providing an email address when signing up within your Registered Customer Account. We provide full instructions on how to unsubscribe from these distribution lists at the bottom of each e-mail that is circulated.
SHARING OF YOUR INFORMATION:
We may share your personal information with our subsidiaries, partners, and third-party independent contractors for purposes of: (1) performing functions on behalf of us, such as processing credit card transactions; (2) providing you with product offers through electronic and/or postal mail; and (3) tracking information generated through our Website. Our partners and third-party independent contractors are obligated contractually not to use or share your personal information for unauthorized purposes.
We also may disclose your personal information: (1) to comply with a court order, subpoena, search warrant, or other legal process; (2) to comply with legal, regulatory, or administrative requirements of any governmental authorities; (3) to protect and defend us, our subsidiaries and affiliates, and their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim, or dispute; (4) to enforce the Terms of Use of our Website; (5) to prevent imminent physical harm; and (6) in the event that we find that your actions on our Website violate any laws, our Terms of Use, or any of our usage guidelines for specific products or services. We also reserve the right to transfer your personal information to a third party in the event of a transfer of all or substantially all of our assets or business, provided that the third party agrees to adhere to the terms of this Policy.
We may share product reviews that you submit with our authorized dealers solely for informational and promotional purposes. If our information practices change at some time in the future we will post the policy changes to our Website. If you are concerned about how your information is used, you should check back at our Website periodically.
Finally, we never use or share the personally-identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
REGISTERED CUSTOMER ACCOUNT:
By creating a Registered Customer Account on the Website, you will be able to store certain personal information to assist your online shopping experience, such as shipping addresses, email addresses and billing information. Accounts are completely optional and provided for your shopping convenience. If you do not wish to set-up an account, you can proceed to checkout as a “Guest.”
You may access and edit any personally identifiable information maintained within your account at any time. To do so, simply login using your email address and secured password and navigate through the information tabs on the left-hand side of your Account Dashboard. We use this procedure to better safeguard your information.
You may also subscribe to receive our free newsletter, e-mail promotions, and other updates by checking the box at the time of checkout or account registration. If you wish to unsubscribe from our e-mail list, you will need to do so by clicking on the unsubscribe link at the bottom of our marketing e-mails, or by updating your “Newsletter Subscription” status within your account.
OUR COMMITMENT TO DATA SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place and maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect.
CHILDREN’S PRIVACY:
Children (under the age of 18) are not eligible to use the Website unsupervised, and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Website in conjunction with, and under the supervision of, your parents or guardians.
THIRD-PARTY HOSTING:
We contract with a third party to maintain and host our Website. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by this third-party host. The third party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use.
CALIFORNIA DO NOT TRACK NOTICE:
Because there are not yet common, industry-accepted “do not track” standards and systems, our Website does not respond to “Do Not Track” signals.
CALIFORNIA DISCLOSURE INFORMATION:
California residents are entitled to receive the following disclosure information under California law
Under California Law, California residents have the right to request in writing from businesses with which they have an established business relationship, (1) a list of the categories of personally identifiable information, such as name, address, date of birth, social security number, email address, and any other types of personally identifiable information that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes, and (2) the names and addresses of all such third parties. We will respond to such written requests within 30 days following receipt at the email address specified below under “How To Contact Us.” If we receive your request at a different email or mailing address, we will respond within a reasonable period, but not to exceed 150 days from the date received. Please note that we are required to respond to each customer only once per calendar year.
We comply with state and federal rules of the United States regarding the collection, use, and retention of personally identifiable information and data. The recipients of users' personally identifiable data, and more generally these disclosures, may be located in the United States or other jurisdictions that might not provide a level of protection equivalent to the laws in your jurisdiction. If you submit personally identifiable data to us, you consent to the transfer of such personally identifiable data outside your jurisdiction.
HOW TO CONTACT US:
Should you have other questions or concerns about this Policy, please send us an email inquiry to info@BurbsUSA.com.
EFFECTIVE DATE AND CHANGES:
This Policy is effective as of September 2, 2019. We reserve the right to modify the terms of this Policy at any time and in our sole discretion, by posting the revised Policy on this page. We recommend that you check this page for updates when you visit our Website to ensure you are aware of and understand our current Policy. If we make a material change to this Policy regarding how we use or collect your personal data, we may post a notice to this page or send an email describing the changes. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THOSE CHANGES.