BurnsOffroad
Free App
for Android
Download

Terms of use

Account deactivation

To deactivate your account, you can use https://burnsoffroad.com/privacy/ page. Recovery of deactivated accounts.

Participants conduct and content

Content

You keep holding your information, data, texts, software, audio and video, images, graphics, messages, records, tags and other materials you posted in the Services (i.e. “Content”) – notwithstanding the way it was sent (it can be private or can be sent by a third-party API, like when sending a photo via Instagram). You send us a non-exclusive, transferable, sublicensed, free and global right to use any Content posted in the Services or related to them. The right is terminated when you delete the Content or account (except for the cases when the Content was received by the third parties, and wasn’t deleted afterwards).

You are aware that it’s yours, but not BurnsOffroad’s responsibility for the Content sent, posted or otherwise proposed by the Services. BurnsOffroad does not monitor or track the Content posted in the Services by other users. Consequently, there is no guarantee of its accuracy, authenticity and quality. BurnsOffroad has the right upon its discretion to monitor, track, delete or block any Content that does not comply with the Terms or becomes otherwise unfavorable. You are aware that using the Services, you can face offensive, obscene or undesirable Content. BurnsOffroad is not responsible for the Content, even if it includes errors and omissions, and if use of the Content that offered in the Services caused any loss or damage for users. You accept that use of any available Content is your risk only. The same refers to any confidence for such criteria as accuracy, completeness and usefulness of the Content in question.

You accept that BurnsOffroad is not responsible for the Content posted in the Services (it does not support it). If your Content violates the above Terms, you may be legally responsible. Any Content provided on BurnsOffroad shall not be considered confidential or personal. We are not responsible if such Content is used or disclosed. You are aware and accept that your relationship with BurnsOffroad is not confidential, trust-based or special, and your decision to send any Content to BurnsOffroad does not put it in a different position than when interacting with other participants (common users). The same applies to your Content. Your Content is not the subject of a commitment to non-disclosure by BurnsOffroad, except in cases described in the Privacy Policy. BurnsOffroad will not be responsible for any use or disclosure of the Content you upload.

You have the right to mark certain Content sent to the Services as private or available to specific Services users only. If you upload the Content to the Services and immediately mark it as private or available to specific Services users only, we ensure privacy support for this Content, based on the settings chosen. If the Content is not marked as private or available to specific Services users only, or the settings will be changed a bit later (if you open access to this Content), you will be responsible for its publicity. For more information on how to control your privacy settings, see the Privacy Policy page.

Conduct

The purpose of BurnsOffroad Services is personal non-commercial use. You cannot change, copy, distribute, display, represent, reproduce, publish, transfer, sell for any business purposes any part of the Services, use the Services and the access to the Content. It is prohibited to use the Services for participation in Prohibited Actions. You cannot help other users in this matter or encourage them to do the following:

  1. copy, frame or reflect any fragment of the Services;

  2. access to the Services in order to study such values as availability, productivity and functionality;

  3. provide the third parties with access to the Services;

  4. use, copy, modify, create derivative works, make back processing and decompile, extract the software code which is a basis of the Services functioning or any of their part;

  5. publish, transmit, distribute or store content, materials, information or data, if they:

    • are illegal, threatening, insulting, cruel, dishonoring, inciting hatred or calling for violence;
    • cause damage or prevent the Services or third-party networks, equipment, programs, portals or web sites from normal work (e.g., they are viruses, Trojans, etc.);
    • violate, give an opportunity for illegal assignment of someone else’s confidentiality, intellectual property, publicity or other personal rights. This includes copyright, patents, trademarks, trade secrets and other personal information (including illegal assignment of someone`s domains);
    • include signs of fraud or contain false, inaccurate information, provisions or notices (for example, phishing);
  6. attempt to violate, impair, weaken the integrity and security of the Services or computer devices, services, accounts or networks of third-party institutions (for example, to allow hacking, denial of service attacks, etc.). It is also forbidden to perform any actions that precede attempts to breach security (it concerns scanning, analysis or other test operations, as well as vulnerability assessment), participation in network and hosting operations (or their authorization), if the latter put the space of the Internet protocol of BurnsOffroad in blacklists or block it in some other way;
  7. fail to pay fees or charges for using the Services;
  8. perform the actions potentially harmful to minors;
  9. distribute or disclose any part of the Service in any field – it also refers to automatic or non-automatic code reading due to the Scraping technology;
  10. use any kind of automatic systems. This includes (in particular) “robots”, “spiders”, “site scanners” that enable access the Services in such a way, that it will be possible to execute more requests to the Services for a given period than a common person can do using a standard web browser;
  11. perform any actions that overload the company’s infrastructure excessively or unevenly;
  12. collect or extract from the Services any personal identifying information. This includes both account names and Service users information;
  13. use the Services for commercial purposes;
  14. post the Content on the site by technologies or tools different from the ones provided and allowed in the Services;
  15. send to the Services or to BurnsOffroad any personal identification information other than the information required for account creating and use;
  16. send to the Services or to BurnsOffroad any information protected from disclosure by current legislation;
  17. avoid the measures by which we prevent or restrict access to the Services, including the possibilities to prohibit the use and copy of the Content or restrictions on use of the Services and their Content;
  18. violate any applicable law, rule, regulation or standard; incite to behavior which can lead to a civil liability and a delict;
  19. delete the information about copyrights, trademarks or other proprietary rights contained in the Services;
  20. use any kind of network monitoring, network analyzer or packet sniffer, as well as use any technology that allows to intercept, decrypt, analyze and display the packets using for communication between the Services.

You are granted a limited non-exclusive right to create text hyperlinks for Services for non-commercial use. However, these links should not show BurnsOffroad, its products and Services in a false, misleading, degrading or other offensive manner. Also, the site where the link will be posted should not contain pornography, illegal, offensive or other unacceptable materials. You can also start using RSS-channels placed in the Services – but only for your personal non-commercial purposes and only in the manner indicated by us. We have the right to revoke these licenses. You can use specific links or RSS-channels any time reflecting specific reasons or without them.

You are aware that for some Services options you will need to purchase equipment and materials (for example, GPS systems) from third parties. BurnsOffroad can recommend such products, but at the same time, we are not responsible for the purchase and use of such equipment or materials by users. In addition, we do not provide any guarantee of their uninterrupted and correct work with the Services.

You are aware that you shall bear all expenses for sending notifications from your own device. You hereby confirm that you have the right to communicate with your contacts through the Services.

You declare and accept that: (i) you can create your own account, whether private or on behalf of the company; (ii) you own the Content you post in the Services or using them, and you also have the right to grant the rights and licenses described in these Terms; (iii) posting and use of your Content in the Services or using them does not and will not infringe the rights; (iv) you agree to pay all license fees, charges and other amounts payable in connection with the Content published in or using the Services.

You accept that BurnsOffroad will be able to access the following in your Content: Member Information, Payment Method and so on. In addition, you agree to keep and disclose it in accordance with the Privacy Policy, the applicable laws or your own belief that this access, keeping or disclosure is required to: (a) comply with the requirements of the trial; (b) ensure compliance with the Terms; (c) respond to claims that Content violates the rights of the third parties; (d) respond to your requests from the Customer Service Department; (e) protect the rights, property or personal safety of BurnsOffroad, its users and the public. Taking into account the above mentioned, BurnsOffroad will make every effort to maintain privacy of your Member Information and Payment Method.

Interaction with users

Services is a place where users have a chance to communicate in a virtual information space. As an unrelated facilitator of this communication, BurnsOffroad is not involved directly in the interactions between the Service members. For this reason, the company cannot guarantee that all publications and records made by users are true, accurate, legal or safe. BurnsOffroad does not undertake to verify members personal identity. BurnsOffroad also does not check the qualifications, biography and skills of the Services users. So in relationships with any Services member it is necessary to use the common sense and own judgments.

If you wish to use our opportunities to inform your contacts about the Services, to track your own travels with BurnsOffroad Beacon, or share your information with another user, BurnsOffroad may ask you to provide contact information. BurnsOffroad can send this person a one-time letter or SMS. You warrant that you have the right to provide BurnsOffroad with any third-party contact information, and that BurnsOffroad can keep it in compliance with the Privacy Policy.

Third parties

The third parties are directly responsible for production and offering of the third-party products and facilities provided by the Services. Purchasing this product or service, you accept that you sign the agreement directly with the appropriate third-party provider, but not with BurnsOffroad. Any transactions with third-party suppliers, as well as participation in their promotions, including payment and delivery of certain goods and services, as well as any other requirements, remain only between you and these suppliers. The user does not have the duty to organize business with third parties represented in the Services. YOU ACCEPT THAT BURNSOFFROAD WILL NOT BE LIABLE FOR LOSSES AND OTHER DAMAGES BROUGHT TO YOU AS A RESULT OF BUSINESS RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS, THE LINKS TO WHICH ARE POSTED IN SERVICES.

BurnsOffroad or third parties may provide links to other Internet sites and resources through their Services. BurnsOffroad does not support any content, advertising, products and other materials and is not responsible for them if they are placed on certain sites or portals. You are aware and accept that BurnsOffroad is not responsible for availability of these external sites and portals.

Electronic communications

Thanks to the Services, you can send or post messages on forums or in chat rooms, hold negotiations with help of voice Internet programs. You can also send messages to third-party service providers, advertisers, your personal contacts, other users and/or to BurnsOffroad. You agree to use the communication channels available in the Services only for sending notifications and materials that comply with the purpose provided by BurnsOffroad when publishing these channels, and also you accept that all the messages are connected to your Content and are ruled by the Terms.

Using the communication channels available on the Site, You accept that: (a) each communication channel is classified as a public, rather than confidential, communication method between you and another user (users); (b) notifications that were sent to third-party service providers, advertisers and third parties, as well as received from them, are not related to BurnsOffroad, are not sponsored or supported by BurnsOffroad (unless BurnsOffroad directly states otherwise); (c) the messages are not pre-moderated, filtered, archived or otherwise controlled by BurnsOffroad, although the company may do so at any time, at its own discretion. You accept that any content that you send electronically must comply with the legal requirements for written correspondence.

Proprietary Interest

You acknowledge and agree that the Services, any required software used in connection with these Services (if available), all information collected on the basis of the Content of the Services and any Content located in the Services, contain and possess personal and confidential information protected by the applicable law for intellectual activity, as well as by other normative acts. Except when explicitly permitted by applicable law, BurnsOffroad or its respective third-party services providers or advertisers, you accept that you will not be engaged in changing, renting, leasing, using, selling or distributing the Services. You also undertake to avoid creation of derivative projects on the basis of the Services, Software or Content available in the Services (with the exception of the Content you have sent), in whole or in part.

BurnsOffroad grants you the personal, revocable, non-exclusive and non-transferable right to use the Services, as well as a license to access them, upon condition, that you will not copy, modify, create derivative materials. You also should not accomplish the reverse engineer and reverse compile, or other methods to compute the Basic source code. It is prohibited to sell, grant, sublicense, pledge and operate in different way with the rights in the Services. You must ensure that the above violations are not committed by third parties. You agree not to use the prohibited methods to access the Services – only through the interfaces from BurnsOffroad.

The name “BURNSOFFROAD”, BurnsOffroad logo and other logos, product names and services of BurnsOffroad are the exclusive trademarks of IWB LTD, its property. You cannot use and display these trademarks without preliminary permission from BurnsOffroad (in written form). All the third-parties’ trade- and service marks displayed on the Site are owned by their respective owners.

BurnsOffroad reserves all rights not expressly mentioned herein.

Claims for infringement

Digital Millennium Copyright Act (further “DMCA”) allows the copyrighters to appeal to court should they consider that the material posted in the Internet violates their rights according to the US copyright laws. BurnsOffroad also studies claims for infringement of the rights for trademarks. Should you have reasonable grounds to believe that the materials posted by BurnsOffroad violate your copyright or the rights for trademarks, you (or your agent) can send us the notice with request for removal of the material or blocking of access to this information. Your notice shall include the following: (a) physical or digital signature of the person authorized to act on behalf of the owner of exclusive right which is possibly violated; (b) specifying the material protected by copyright or the trademark with allegedly violated rights (or the representative list of such materials if one notice covers several materials or trademarks protected by copyright in the Services at once); (c) specifying the material which allegedly violates copyright or a subject of the right breaking actions and also the sufficient information allowing BurnsOffroad to find out the material in the Services; (d) name, address, phone number and e-mail address (if available) of the plaintiff party; (e) the statement for what the plaintiff party has strong reasons to believe that the using of material in the challenged way is not permitted by owner of copyright or trademark, his agent or by the law; (f) the statement that information in the notice is true and, under the perjury of injury, the plaintiff party is authorized to work on behalf of the owner of exclusive right which is possibly violated. You should to consider that BurnsOffroad doesn’t respond to complaints which don’t meet these requirements. If BurnsOffroad defines that the materials which are allegedly violating your copyright or the rights for trademarks don’t demand removal, BurnsOffroad will remove them only by a court decision, that will declare the Content or materials use are illegal.

Should you have reasonable ground to believe that you have been wrongly notified of the copyright infringement, then DMCA allows you to send us a counter notice. It should include the following: (a) your name, address and phone number; (b) source of the content deleted; (c) statement that you have reasonable ground to consider that the deletion of the Content is erroneous (with confirmation of awareness of the responsibility for providing false information); (d) statement that you consent with the jurisdiction of the Federal District Court for the judicial district to which your address relates; or, if your address is outside the United States, with the jurisdiction of any judicial district where BurnsOffroad is located, and that you will accept the summons from the person, who filed the original complaint; (e) physical or electronic signature (for example, with specifying of a full name).

Notifications and counter notices regarding the Services shall comply with the current DMCA legal requirements (see http://copyright.gov/title17/92appb.html) and shall be sent to the above mentioned agent. Before sending such notification or a counter notice, we recommend you to apply to your consultant or legal advisor. Remember that DMCA requirements provide for the penalties for false claims.

Your reviews

BurnsOffroad team is glad to the comments, offers and other feedback about the Services, as well as about the information and facilities available in the Services (collectively, “Reviews”). In case of writing a review, the user also provides BurnsOffroad with the international, non-exclusive, transferable and delegating, sublicensed, permanent, irrevocable and royalty-free license to copy, distribute, create derivative materials, publicly display and reproduce and other use of such Reviews, and also use, create, sell, making of commercial offers, import and export of products and services on the basis of the Reviews (Comments). For this reason, it is recommended not to send to BurnsOffroad the Reviews, licensing of which is undesirable according to the above mentioned points.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BURNSOFFROAD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY WAIVE FROM ALL WARRANTIES REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING (AND WITHOUT LIMITATION) FROM ALL IMPLIED WARRANTIES AND TERMS OF MERCHANTABILITY, FEASIBILITY FOR A PARTICULAR PURPOSE, LEGAL TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. BURNSOFFROAD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THE FOLLOWING: (a) COMPLIANCE OF OF THE SERVICE WITH SOME REQUIREMENTS, (b) UNINTERRUPTED OPERATION OF SERVICE AND ACCESS TO THE CONTENT, THEIR EFFICIENCY, SECURITY, OR FAULTLESSNESS; (c) ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE; (d) CONFORMITY OF YOUR EXPECTATIONS AND THE QUALITY OF PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS PURCHASED OR OBTAINED BY YOU FROM THE SERVICE; (e) CORRECTION OF ANY ERRORS IN THE SERVICES.

YOU HEREBY AGREE THAT BURNSOFFROAD DOES NOT PROVIDE THE MEDICAL RECOMMENDATIONS THROUGH THE SERVICE. THE CONTENT PROVIDED ONLINE, INCLUDING TEXT, PICTURES, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, MOVIES WITH SOUND, OR ANY OTHER MATERIAL, PUBLISHED BY BURNSOFFROAD, OTHER OWNERS OF ACCOUNTS OR BY THIRD PARTIES ARE NOT INTENDED FOR USE INSTEAD: (A) RECOMMENDATIONS FROM THE CONSULTING PHYSICIAN OR OTHER DOCTORS, (B) VISITING, CALLING OR COMMUNICATION WITH THE CONSULTING PHYSICIAN OR OTHER DOCTORS, (C) INFORMATION SPECIFIED ON PACKAGING OR PRODUCT LABEL. IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD PROMPLY APPLY TO YOUR CONSULTING PHYSICIAN OR OTHER SUPPLIERS OF THE HEALTH CARE. IN CASE OF EMERGENCY SITUATION, YOU SHOULD IMMEDIATELY APPLY TO CONSULTING PHYSICIAN OR CALL THE AMBULANCE BY THE EMERGENCY PHONE. ABSOLUTELY NOT ALLOWED TO IGNORE THE RECOMMENDATIONS OF THE DOCTOR OR SUSPEND THE RECEIVING OF SUCH RECOMMENDATIONS BECAUSE OF PERFORMED CONTENT IN THE SERVICES OR TO USE THE SERVICES AND ANY PERFORMED CONTENT FOR MAKING THE DIAGNOSIS, OR FOR TREATMENT OF DISEASES. TRANSFERRING AND RECEIVING OF OUR CONTENT, IN WHOLE OR IN PART, AND ALSO COMMUNICATION THROUGH THE INTERNET, EMAIL, AND OTHER COMMUNICATION CHANNELS DO NOT ESTABLISH EITHER THE RELATIONS BETWEEN ANY USER AND BURNSOFFROAD LIKE BETWEEN THE DOCTOR AND THE PATIENT, OR OTHER PROFESSIONAL MEDICAL RELATIONS.

YOU ACCEPT THAT YOUR ARRIVALS, INCLUDING CYCLING OR WALKING, OR TRAVELING PURSUANT TO BURNSOFFROAD PLANS INCLUDE CERTAIN AND SERIOUS RISKS OF DAMAGE OF PROPERTY, INJURIES OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ARRIVALS, EVEN IF THEY ARE CAUSED BY PARTIALLY OR FULL ACTIONS, NON-INFRINGEMENT, OR NEGLIGENCE OF BURNSOFFROAD OR ANY THIRD PARTIES.

YOU ACCEPT THAT BURNSOFFROAD IS NOT RESPONSIBLE FOR INSPECTION, MONITORING, PREPARING OR REALIZATION OF ANY TRAVEL, COMPETITIONS, TESTS OR GROUP ARRIVALS, WHERE THE SERVICES ARE USED, INCLUDING ORGANIZED EVENTS BY THE ADMINISTRATOR OF THE CLUB.

YOU AGREE TO RELEASE BURNSOFFROAD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY LIABILITY IN CONNECTION WITH YOUR ARRIVALS AND/OR USE OF THE WEBSITES, THE MOBILE APPLICATIONS CONTENT, SERVICES AND PRODUCTS OF BURNSOFFROAD (INCLUDING ANY PLAN OF ARRIVALS OF BURNSOFFROAD), AND YOU PROMISE NOT TO APPLY TO THE COURT AGAINST RELEASED PARTIES UNDER ANY CLAIMS, LEGAL CHALLENGES, DAMAGES OR LOSSES RELATED TO SUCH USE.

YOU ALSO AGREE THAT IN ANY EVENT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE BEFORE YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, EXEMPLARY, ACCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO: (a) YOU PROPER OR IMPROPER USE OF THE SERVICES; (b) YOU PROPER OR IMPROPER USE OF EQUIPMENT AND SOFTWARE CREATED OR LICENSED BY BURNSOFFROAD (INCLUDING ANY PLAN OF ARRIVALS OF BURNSOFFROAD), WHILE TRAVELING; (c) YOUR BUSINESS RELATIONSHIP WITH OUTSOURCED SUPPLIERS OF SERVICES OR ADVERTISERS THAT WERE FOUND BY MEANS OF THE SERVICE; (d) YOUR DELAY OR INABILITY TO USE THE SERVICES; (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON THE AGREEMENT, DELICT, ABSOLUTE LIABILITY OR OTHERWISE, EVEN IF BURNSOFFROAD WAS WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE MENTIONED LIMITATION MAY NOT BE RELATED TO YOU, BECAUSE SOME REGIONS AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR ACCIDENTAL DAMAGES. BY ACCEPTING OF THIS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE SECTION 1542 OF THE CIVIL CODE OF THE CALIFORNIA STATE, THE USA, AND ANY SUCH LAWS OF OTHER REGIONS AND COUNTRIES, AND YOU ALSO EXPRESSLY WAIVE FROM ITS ADVANTAGES, PLEASE FIND BELOW: “THE WAIVER OF ALL PRETENSIONS DOES NOT COVER THE CLAIMS IN FAVOUR OF THE CREDITOR ABOUT EXISTENCE OF WHICH HE DOES NOT KNOW OR DOES NOT SUSPECT AT THE MOMENT OF SUCH WAIVER, AND IF HE WAS AWARE ABOUT THEM BEFORE, THIS COULD LEAD A SERIOUS AFFECT ON HIS WORLD AGREEMENT WITH THE DEBTOR.” BURNSOFFROAD DOES NOT SUPPORT YOUR CONTENT AND CONTENTS OF OTHER PARTICIPANTS AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY PRIVATE PERSON OR LEGAL PERSON (ENTITY) FOR ANY LOSSES AND DAMAGES (ACTUAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHERS), INJURIES, CLAIMS, MATERIAL OBLIGATIONS AND OTHER CIRCUMSTANCES CONNECTED WITH ANY CONTENT OF SERVICES. THE MAXIMUM CUMULATIVE RESPONSIBILITY OF THE COMPANY BEFORE YOU ACCORDING TO THESE TERMS CANNOT EXCEED THE BIGGER SUM AMONG OF: (A) FIFTY US DOLLARS ($ 50) OR (B) THE SUM PAID BY YOU TO BURNSOFFROAD FOR 12 MONTHS PRECEDING THE DATE OF THE CLAIM.

Guarantee against losses

You agree to release BurnsOffroad, its subsidiaries, affiliates, officers, agents, employees, representatives, partners and licensors against any legal claims and applications, including reasonable expenses for legal services incurred by third parties as a result of sending, publishing, transferring or other disclosing of the Content in the Services, the use of the Services, your arrivals, as a result of which the Content published by you in the Services is formed (including arrivals in connection with competitions, races, group arrivals, or other activities, which BurnsOffroad sponsors, organizes, takes part in or in connection with which the Services are used), your connection with the Services, the violation by you of the Terms or rights of third parties.

Dispute settlement

Dispute settlement procedure

The Parties undertake to make every effort to resolve any dispute, claim, issue or agreement directly through good faith negotiations before applying to the court. Except the disputes related to the intellectual property of BurnsOffroad (including trademarks, corporate identity, domain names, trade secrets, copyrights and patents) and the events of withdrawal from this agreement with the refusal to resolve the dispute in arbitration, all claims related to this Agreement and your use of the Services will be finally settled by binding arbitration conducted by the arbitration and mediation service in accordance with its provisions and procedures for consumer disputes, excluding the rules and procedures that govern the collective claims or resolve them. The judge of an arbitral tribunal, and not another court or agency, will have exclusive authority to resolve all disputes related to this Agreement, including any claims in that the whole Agreement or any part of it have become invalid or unenforceable. A judge of an arbitration court must have an opportunity to satisfy all legal requirements by any means available in court, but upon condition that he has no power to award damages, legal remedies or other reparations contrary to this Agreement.

The reparation awarded by the judge will be binding for all parties and may be rendered as a ruling in the appropriate proceedings by any court of proper jurisdiction. BurnsOffroad undertakes to reimburse the difference between the registration fee for arbitration and the lawsuit fee. You and BurnsOffroad hereby waive of the jury court. You also agree not to participate in claims put before by the Prosecutor General or his representative, as well as in consolidated legal claims where the account of another person appears if BurnsOffroad becomes a party of the lawsuit. The regulation on the settlement of the dispute is governed by the Federal Arbitration Act.

The parties understand that, in the absence of this mandatory provision, they would have the right to commencement of an action to a court and its consideration by a jury court. They also understand that in some cases the expenses for arbitration can exceed the cost of the proceeding and their right on providing of information may be more limited in the arbitral tribunal than in the jury court.

Waiver of collective claim

The parties further agree that any arbitration is carried out individually, and not in the form of a collective or representation legal challenge. If any court or judge determines that the waiver of the collective legal claim described in this section is not legal or enforceable for any reason, or that the arbitration may be held in a collective format, then the above mentioned regulation for arbitration will be considered invalid also as an agreement between the parties about the resolution of disputes in arbitration.

Exception – action settlement in Small Claims Tribunal

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek legal protection in a Small Claims Tribunal for those disputes or legal claims that are in the jurisdiction of such a court.

An exit right within 30 days

You have a right to exit the Contract and not to comply with the provisions on arbitration and waiver of a collective claim set out in this section by sending a written notice of your decision to the following address: BurnsOffroad, Inc., Attn: Legal Department, 500 3rd Street, Suite 110, San Francisco, CA 94107. The notification should be sent within 30 days from the date of registration for use of the Services; otherwise you will be obliged to resolve disputes in an arbitration court under these Terms. If you refuse to comply with these provisions on arbitration, BurnsOffroad also will not be obliged to comply with them. In addition, in this case BurnsOffroad can deprive you of the opportunity to use the Services.

Time constraints on claims.

You accept that any claims related to your interaction with BurnsOffroad and these Terms shall be filed within one year from the date of its appearance. Otherwise, it will be terminated indefinitely after the limitation period.

Applicable Law and Jurisdiction.

Any actions related to the Terms, Content, BurnsOffroad Services and your relations with it are governed, interpreted and explained in accordance with the laws of the State of California exclusively of conflicts of law principles and, IN PARTICULAR, ARE NOT GOVERNED BY THE CONVENTIONS OF THE UNO ON INTERNATIONAL SALE AND PURCHASE AGREEMENTS, IF THEY ARE APPLICABLE IN SUCH CASES. According to the “Dispute Resolution” Section, the parties shall give the irrevocable consent to take all efforts to ensure the execution of this Agreement in federal courts or in courts of the State of San Francisco, California. You agree with the exclusive jurisdiction of federal courts or courts of the State of San Francisco, California.

If one of these parties submits the legal claim for satisfaction of requirements, declaratory judgment action or other legal claim in connection with these Terms, the prevailing party, at the expense of non-prevailing party, will compensate all costs of legal proceedings and expenses, as well as the sum that the court will recognize as reasonable expenses for lawyers. Except events prohibited by the applicable law, the parties agree that any claims that arise out of the use of the Services or the Terms shall be filed with the court within one (1) year after their arising. Otherwise they will be extinguished forever after the limitation period.

Operation in the USA

These Services are managed by BurnsOffroad from offices in the USA. BurnsOffroad does not warrant that the Content and the Services will be suitable or available for use in other regions. Access to the Content or the Services or their use in the territories where such actions are illegal are prohibited. Those who choose to use these Services outside the USA do so on their own initiative and are required to comply with applicable local laws. It is prohibited to use or export the Content with violation of USA export laws and regulations.

Termination

You accept that BurnsOffroad may terminate your account in certain serious circumstances and without prior notice and/or block your access to the Services. The reasons for such actions may be, including: (a) violation of the Terms or other related agreements, rules and instructions; (b) legislative requirements of the court and other state bodies; (c) personal request (deletion of the account by choice); (d) suspension or major changes of the Services (or any part thereof); (e) unexpected difficulties and problems with technical aspects or safety; (f) prolonged inactivity and/or (g) debt in payment of fees for the Services. Termination of the account may be accompanied by (x) the denial of access to all the Service offers, (y) deletion of your information, files and the Content associated with the account and (z) the ban on further use of the Services.

You accept that any termination of the account is at the sole discretion of BurnsOffroad and that BurnsOffroad shall not be liable before you or any third parties for the termination of the account or the denial of access to the Services. After termination of the account and/or the Terms, the following Sections are retained: The Content of the participant sent to the Services; Ownership interest; Your reviews; Statement of waiver of warranties and liability; Guarantee against losses; Applicable Law and General Provisions.

General Provisions

You accept that there are no companion, partnership, labor or agency relationships between you and BurnsOffroad as a result of following by the Terms and the use of the Services. The Terms represent the entire agreement between you and BurnsOffroad regard to use of the Services. Non-compliance of BurnsOffroad or the inability of BurnsOffroad to enforce any rights or provisions of these Terms is not a waiver of these rights or provisions. If the competent court has ruled that some of the provisions of the Terms are incorrect, the parties nevertheless agree that the court must take a decision that is as close as possible to the idea of these provisions, while all the remaining provisions of the Terms stay in effect.

You have no right to assign, delegate or transfer your account or obligations related in any way to these Terms without the prior written permission from BurnsOffroad. BurnsOffroad has the right at its own discretion to transfer or reassign all or some of its rights under these Terms, and also has the right to delegate or use third-party contractors to fulfill its obligations under these Terms and with respect to the Services.

BurnsOffroad notice received by you via email, standard mail or through messages and links in the Services will be an acceptable notification under the Terms. A printed version of the Terms and all notices provided by email in all administrative and other processes related to the Terms will have the same effect as other business documentation and records originally used in printed form.

Titles and subtitles in the Terms are used only for convenience and do not have legal or contractual power. All rights not explicitly described herein are reserved for BurnsOffroad.

Alteration

Part of the provisions of the above-mentioned Terms may be supplemented or replaced with clearly indicated legal notices or Terms located on certain pages of the Services. BurnsOffroad has the right, by choice, to update these Terms at any time – regardless of the circumstances. The company will send you the relevant notifications that something has changed in the Services. If you continue to use them after that, it means that you automatically accept all new Terms. If you are not satisfied with something, you just have to stop using the Services.

BurnsOffroad and its third-party service providers have the right to improve the described Services, products, services, mobile applications, options, programs and prices at any time. In order for the Services to improve and develop, it is possible to download the mobile application and install updates and additional options.

BurnsOffroad can change or close (on a temporary or permanent basis) any of the Services at any time. Users may be notified in advance (but this is not the company’s responsibility). You accept that BurnsOffroad will not be liable before you or any third parties for the modification, suspension or cancellation of the Services.

Support and questions.

Any of your questions about the Services and the listed Terms may be sent to support@burnsoffroad.com. As a rule, we give answers to them within 7-10 days from the day they were placed.

0