Introduction
This website is operated by BurkWood Corp ("BurkWood", "How To Keep Money" "We", or "Us").
BurkWood Co provides its Site to you subject to the following:
Terms Of Use
(the "Terms"). By using this Site, you agree to be bound by the Terms.
BurkWood Co may, in its sole discretion, may modify the Terms without notice to you.
Therefore, you should review the Terms when using this Site.
By continuing to access and use this Site after the Terms have been modified,
you are agreeing to such modifications.
In addition, when using particular services or features, or when ordering products on this Site,
you shall be subject to any posted guidelines or rules applicable to such services,
features, products or orders that may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into the Terms.
Description of Service
This Site allows users to research, review, purchase, and/or order various financial
educational and other products featured on this Site (collectively, "Products"), including,
but not limited to downloadable e-books,
and access various third-party websites offering a wide variety of products and services.
The services, features and products that BurkWood Co offers to users on this Site may be
referred to herein collectively as the "Services". Unless explicitly stated otherwise,
any new features or offerings on this Site in the future that are added to or that
enhance the Services shall be considered part of the Services and are subject to the Terms.
Purchasing Products
If you make a purchase from a BurkWood Co Site,
you are transacting with BurkWood Co Direct,
and ownership of any purchased items transfers to you immediately upon shipment.
If you make a purchase from any third-parties advertised on or linked to from the
BurkWood Co Site, you are not purchasing a product or service from BurkWood Co.
You agree that neither BurkWood Co nor its affiliated companies shall be responsible for or
liable for any loss or damage of any sort incurred as the result of any purchases made
from any third-parties advertised on or linked to from the BurkWood Co Site.
The purchase and download of any product or service, including e-books,
and the like, from the BurkWood Co Site, is non-refundable and may not be returned.
All sales of downloadable material are final.
Registration
You may be required to register for an account on this Site in order to take advantage of
certain features of this Site, such as purchasing Products, using an online shopping cart,
or using our Customer Review Service.
If you choose to register on this Site, or if you otherwise provide information on this Site,
you agree to (a) provide true, accurate, current and complete information about yourself as
prompted by this Site, and (b) as permitted, maintain and promptly update such information to keep it true,
accurate, current and complete.
If you provide any information to BurkWood Co that is false, outdated, incomplete, or otherwise inaccurate,
or BurkWood Co has reason to suspect that such information is false, outdated, incomplete, or otherwise
inaccurate, then BurkWood Co has the right to suspend or terminate your account and
to prohibit any and all current or future use of the Services (or any portion thereof) by you.
Privacy
Any registration or other information you provide to BurkWood Co is subject to our Privacy Policy.
For more information, see our Privacy Policy. Our Privacy Policy is hereby incorporated into
the Terms by this reference.
Member Account and Password
If you choose to register for an account with BurkWood Co or to become a member of BurkWood Co,
you will create a username and password while completing the registration process.
You are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify BurkWood Co of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your account at the end of each session.
BurkWood Co (and its affiliated companies) cannot and will not be liable for any loss or damage caused
by your failure to comply with this section.
Materials on the Site, Proprietary Use
You acknowledge that all materials on this Site, including, but not limited to, design, graphics, text,
pictures, software and other files and the selection and arrangement thereof (the "Materials"),
are subject to and protected under copyright, trademark and/or other intellectual property laws and rights.
All copyrighted and copyrightable Materials are owned by BurkWood Co and/or its suppliers or licensors,
all rights reserved. BurkWood Co authorizes you to view and download the Materials only for personal,
non-commercial use, provided that you keep intact all copyright and other proprietary notices
contained in the original Materials.
Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display,
post, transmit, frame, or otherwise use any of the Materials in any form or by any means,
without the prior written permission of BurkWood Co or the respective intellectual property owner.
You may not modify or adapt the Materials in any way or otherwise use them for
any public or commercial purposes.
You may not interfere or attempt to interfere with the proper working of this Site,
and you may not use any robot, spider, data miner, scraper,
or other automated means to access this Site for any purpose.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or
described on this Site (including, without limitation, BurkWood Co,
and any Marks associated with any Products) are the sole property of
BurkWood Co and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used,
in whole or in part, without the prior written permission of BurkWood Co or its suppliers or licensors.
In addition, all page headers, custom graphics, button icons and scripts are Marks of BurkWood Co
and may not be copied, imitated or otherwise used, in whole or in part,
without the prior written permission of BurkWood Co.
BurkWood Co will enforce its intellectual property rights to the fullest extent of the law.
Submissions
In the event that we provide users with any venues to submit opinions, reviews, ratings, information,
ideas, suggestions, concepts, videos, audio content, or other material (collectively, "Submissions")
on this Site (collectively, "Venues", and including, but not limited to,
bulletin boards, surveys or invitations to e-mail BurkWood Co with questions or comments),
you agree and warrant that any such Submissions are your original content and are accurate and current.
You agree and warrant that you will not submit any Submission that is unlawful, harmful, harassing,
threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent,
sexually explicit or otherwise objectionable, or that would constitute a criminal offense,
give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise
violate any applicable law or right. You agree and warrant that you will not submit any Submission
that is protected by copyright, patent, or other proprietary rights without obtaining permission
of the owner of such rights. You agree and warrant that the Venues will not be used by you for any
commercial purposes. You agree and warrant that you will not submit any Submission to solicit funds
or to promote, advertise, or solicit the sale of any goods or services. You further agree that
all "moral rights" that you may have in any submitted content have been voluntarily waived by you.
You agree that any Submissions submitted by you to this Site through the Venues or otherwise will
be deemed non-proprietary and non-confidential, and may be used by BurkWood Corp without restriction.
Without limiting the foregoing, by offering any Submissions through this Site,
you grant to BurkWood Co the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and
license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and
otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have)
in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.
BurkWood Co reserves the right, in our sole discretion, to edit any Submission, and to choose to include
or not include such Submission in any Venue for any reason. We are not responsible for screening,
monitoring or verifying any Submissions (subject to the "Copyrights and Copyright Agent" paragraph below).
Any opinions, statements or other material expressed or posted by third parties are those of such
third parties and not of BurkWood Co. BurkWood Co does not endorse, and shall not be responsible or
liable for, any such opinion, statement or other material posted on or accessible through this Site.
Links and Third Party Content
Links on this Site to third-party websites are provided to enhance your BurkWood Co experience and to provide
you with the opportunity to utilize value-added entertainment and educational content. If you use these
links, you will leave this Site. Any information you provide to these third-party websites while on these
third-party websites is subject to the respective third-party's privacy policy, and not the
BurkWood Co Privacy Policy. BurkWood Co does not control any such third-party websites.
You agree that neither BurkWood Co nor any of its parent or subsidiary companies will be responsible or liable
for any content, goods or services provided on or through these third-party websites or for your use or inability
to use such websites. BurkWood Co does not make any representations or warranties as to the security of any
information (including, without limitation, credit card and other personal information) you might be
requested to give to any third-party sites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products
or services of, or participation in promotions of, third-parties found on or through the use of the Services,
including payment for and delivery of related goods or services, and any other terms, conditions, warranties,
or representations associated with such dealings, are solely between you and such third party. You agree
that neither BurkWood Co nor its affiliated companies shall be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the presence of such third-parties
on the BurkWood Co Sites.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THIS SITE AND SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, BURKWOOD CO,
ITS PARENT AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES (COLLECTIVELY, THE "BURKWOOD CO PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, BURKWOOD CO MAKES NO WARRANTY THAT (i) THIS SITE
AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE AND/OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE
AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE AND/OR SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM BURKWOOD CO OR THROUGH OR FROM THIS SITE AND/OR SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
BURKWOOD CO PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BURKWOOD CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE OR SERVICES; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE
OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER
RELATING TO THIS SITE OR SERVICES.
If you are dissatisfied with any BurkWood Co material, or with any of BurkWood Co terms and conditions,
your sole and exclusive remedy is to discontinue using BurkWood Co Sites and Services.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold BurkWood Co and its parent and subsidiary companies harmless from any claim
or demand, including reasonable attorney's fees, made by any third party due to or arising out of your
breach of the Terms or your violation of any law or the rights of a third party.
Intended Audience
Unless otherwise specified, the Materials are presented solely for the purpose of promoting products
available in the United States and its territories and possessions. BurkWood Co controls and operates the
Site from its offices located in the State of Texas in the United States of America. BurkWood Co makes
no representation that Materials contained on this Site are appropriate or available for use in
other locations. Those who choose to access this Site from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local laws are applicable.
BurkWood Co does not intend its Sites and/or Services to be used by individuals under the age of 18 without
the supervision of a parent or guardian 18 years of age or older. BurkWood Co relies upon parents or
guardians 18 years of age or older to determine if this Site and/or Services are appropriate for the
viewing, access, or purchase by such individuals under the age of 18. If an individual under the age
of 18 uses the BurkWood Co Site and/or the Services, such individual may only use this Site and/or Services
under the supervision of a parent or guardian 18 years of age or older.
Copyrights and Copyright Agent
BurkWood Co respects the intellectual property of others, and we ask you to do likewise. If you believe
your work has been copied on this Site and/or Services in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please provide BurkWood Cor Copyright Agent
the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. BurkWood Co' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o BurkWood Co
1323 Cloverdale Drive
Richardson, Tx 75080
By phone: 214-679-0038
By email: burkwood@tx.rr.com
Termination
BurkWood Co reserves the right, without notice and at its sole discretion, to suspend or
terminate the Terms and/or your ability to access or use this Site and/or Services, and to
block or prevent future access to and use of this Site and/or Services for any reason,
including your breach of the Terms or other conduct by you that BurkWood Co considers inappropriate.
BurkWood Co reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, this Site and/or Services (or any part thereof) with or without notice.
You agree that neither BurkWood Co nor any of its parent or subsidiary companies shall be liable to you
or to any third party for any modification, suspension or discontinuance of this Site and/or Services.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers or
third-parties found on or through the use of this Site and/or Services, including payment for and
delivery of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertisers or third-parties. You agree
that neither BurkWood Co nor its parent or subsidiary companies shall be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the result of the presence of
such advertisers or third-parties on the Services.
Governing Law
The Terms shall be exclusively governed by and construed in accordance with the laws of the State of Texas
within the United States of America without giving effect to any principles of conflicts of law.
If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from the Terms and shall not affect the validity and enforceability of any
remaining provisions. BurkWood Co makes no representation that the Terms comply with the laws of any
other country. Visitors who use this Site and/or Services and reside outside the United States do so
on their own initiative and are responsible for compliance with local laws, if and to the extent local
laws are applicable. By virtue of your use of the Site(s), you agree not to transfer, by electronic
transmission or otherwise, any Materials derived from this Site and/or Services in violation of any laws.
Notices
By use of this Site and/or Services, you consent to receive electronic communications from
BurkWood Co (via email or via a posting on this Site), and you agree that any such communications satisfy
any legal requirement to make such communications in writing.
Contacting Us
If you have any comments or questions regarding these Terms of Service, or wish to report any violation
of these Terms of Service, please contact us at burkwood@tx.rr.com. We will address any issue to the best
of our abilities as soon as possible.
Customer Reviews Terms Of Use
These Terms of Use are in addition to the BurkWood Co Website Terms of Use and govern your
conduct associated with the Customer Review service offered by BurkWood Co.
By submitting any content to BurkWood Co, you represent
and warrant that:
1) You are the sole author and owner of the intellectual property rights thereto;
2) All "moral rights" that you may have in such content have been voluntarily waived by you;
3) All content that you post is accurate;
4) You are at least 18 years old;
5) Use of the content you supply does not violate these Terms of Use or the BurkWood Co Website and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
A) That is known by you to be false, inaccurate or misleading;
B) That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
C) That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
D) That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
E) For which you were compensated or granted any consideration by any third party;
F) That includes any information that references other web sites, addresses, email addresses, contact information or phone numbers;
G) That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold BurkWood Co (and its officers, directors, agents, subsidiaries, joint ventures,
employees and third-party service providers) harmless
from all claims, demands, and damages (actual and consequential) of every kind and nature, known and
unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties
set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant BurkWood Co a perpetual, irrevocable, royalty-free, transferable
right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative
works from and/or sell and/or distribute such content and/or incorporate such content into any form,
medium or technology throughout the world without compensation to you.
All content that you submit may be used at BurkWood Co sole discretion. BurkWood Co reserves the
right to change,
condense or delete any content on this Site that BurkWood Co deems, in its sole discretion, to violate the
content guidelines or any other provision of these Terms of Use. BurkWood Co does not guarantee that you will
have any recourse through BurkWood Co to edit or delete any content you have submitted.
You acknowledge that you, not BurkWood Co, are responsible for the
contents of your submission. None of the content that you submit shall be subject to any obligation of
confidence on the part of BurkWood Co, its agents, subsidiaries, affiliates, partners or third party service
providers and their respective directors, officers and employees.
By creating an account, you agree that BurkWood Co and its third party service providers may use your e-mail
address to contact you about the status of your review and for other administrative purposes.
