Terms & Conditions

1. Eligibility & Account Management

1.1 Age and Authority

• You must be at least 18 years old (or the age of legal majority in your jurisdiction) to establish an account or purchase Services.
• If you access the Services on behalf of a company, partnership, or legal entity, you represent and warrant that you possess full corporate authority to bind that organization to these Terms.

1.2 Account Security

• Accuracy: You agree to provide true, accurate, and complete registration details and maintain prompt updates.
• Credentials: You are solely responsible for maintaining the confidentiality of your credentials, keys, and security tokens.
• Account Liability: All actions, orders, and communications executed under your credentials remain your sole responsibility.
• Compromise Notification: You agree to notify Burkhart & Foster Collective Group immediately at Info@burkhartfoster.com upon suspecting any unauthorized account access.

2. Permitted Use & Prohibited Conduct

2.1 License Grant

2.2 Unacceptable Conduct

• System Disruption: Introduce malware, viruses, worms, logic bombs, or launch denial-of-service (DoS/DDoS) operations.
• Automated Data Scraping: Employ automated scrapers, harvesters, crawlers, or bots to harvest data or interface with our backend architecture without prior written consent.
• Reverse Engineering: Decompile, disassemble, translate, decipher, or attempt to extract source code from proprietary software.
• Infringement & Harassment: Defame, harass, deceive, impersonate, or infringe upon the privacy and intellectual property rights of others.
• Security Circumvention: Bypass authentication mechanisms, rate limiters, paywalls, or digital rights management barriers.

3. Intellectual Property Rights

3.1 Ownership of Assets

• All software, visual designs, brand assets, workflows, reports, copy, graphics, code, and trade dress remain the exclusive property of Burkhart & Foster Collective Group or its authorized third-party licensors.
• Your use of the Services conveys no ownership, equity, or proprietary license beyond the explicit access rights outlined in Section 2.1.

3.2 Feedback and Submissions

• Any ideas, suggestions, technical recommendations, or feedback provided to Burkhart & Foster Collective Group shall become our exclusive property, exploitable without compensation, attribution, or restriction.

4. Orders, Invoicing, & Payments

4.1 Payment Terms

• Payment Processing: You agree to maintain valid payment details and authorize Burkhart & Foster Collective Group (or its designated payment gateway) to bill all fees, retainers, taxes, and service charges.
• Price Adjustments: We reserve the right to revise billing rates, fees, or subscription plans with at least 30 days’ advance notice for active engagements.

4.2 Renewals & Cancellations

• Auto-Renewal: Recurring service packages and subscriptions automatically renew at the end of each billing cycle unless formal cancellation notice is provided prior to the renewal date.
• Cancellations: Cancellation requests must be filed via your client dashboard or submitted in writing to customer billing support.
• Refund Policy: Except as mandated by consumer protection statutes, payments made to Burkhart & Foster Collective Group are non-refundable, and no prorated credits will be provided for early termination.

5. Client & User-Generated Content

5.1 Content Ownership

• You retain all existing ownership and proprietary rights to the documents, media, client data, and assets you submit or upload to the platform (“User Content”).

5.2 Operating License

• By transmitting User Content through our platform, you grant Burkhart & Foster Collective Group a worldwide, non-exclusive, royalty-free license to host, parse, cache, adapt, and distribute that content solely as required to deliver and maintain the contracted Services.

5.3 Content Moderation

• Burkhart & Foster Collective Group reserves the right, without obligation, to:
  • Audit, review, and flag content uploaded to our platforms.
  • Delete or restrict access to any content deemed unlawful, defamatory, or harmful.
  • Suspend accounts that systematically violate third-party intellectual property or privacy rights.

6. Disclaimers of Warranties

Important Notice: The Services are delivered on an “AS IS” and “AS AVAILABLE” basis without guarantees of any kind.

• No Performance Guarantees: Burkhart & Foster Collective Group disclaims all warranties regarding continuous uptime, system availability, complete accuracy, or immediate error correction.
• Statutory Disclaimers: We explicitly disclaim all implied warranties, including merchantability, fitness for a specific purpose, title, and non-infringement.
• Third-Party Services: We accept no liability for interruptions, outages, or errors caused by third-party APIs, web hosts, payment processors, or external software integrations.

7. Limitation of Liability

1. Indirect, incidental, special, exemplary, or consequential damages.
2. Loss of profits, commercial opportunities, contracts, revenue, or business reputation.
3. Corruption of data, transmission latency, or service interruptions.

8. Indemnification

• Your misuse of the Services.
• Your violation of any provision of this Agreement.
• Any infringement or violation of third-party rights caused by your submitted User Content.

9. Termination & Account Cancellation

9.1 Right to Terminate

• You fail to comply with these Terms or related service agreements.
• Compelled by judicial order, regulatory agency, or law enforcement directive.
• Continued access introduces technical exposure, security threats, or legal liability to our infrastructure.

9.2 Effect of Termination

• All licenses granted to you terminate automatically upon account closure.
• Sections concerning intellectual property, liability limitations, indemnity, disclaimers, and dispute resolution survive termination.

10. Governing Law & Dispute Resolution

10.1 Governing Law

• This Agreement and any disputes arising from it shall be governed by and construed under the laws of Orlando, Orange County, Florida, USA, excluding conflict of law principles.

10.2 Dispute Process

• Mandatory Negotiation: Prior to filing formal legal action, both parties agree to engage in good-faith informal negotiations for a minimum of 30 days following written notice of dispute.
• Jurisdiction: If informal resolution fails, any legal proceedings shall be brought exclusively in the state, provincial, or federal courts located in Orlando, Orange County, Florida, USA, and both parties consent to personal jurisdiction in those courts.

11. General Provisions

• Severability: If any provision of these Terms is held to be invalid or unenforceable, that clause shall be adjusted to the minimum extent necessary, and all remaining provisions shall remain in full force.
• Entire Agreement: These Terms, together with our Privacy Policy and any project-specific Service Level Agreements (SLAs), represent the entire agreement between you and Burkhart & Foster Collective Group.
• Non-Waiver: Failure to enforce any covenant or right in these Terms will not constitute a waiver of future enforcement of that right.
• Updates to Terms: We reserve the right to revise these Terms at any time. Changes will be posted to this page with an updated “Last Updated” date. Continued use of the Services after revisions constitutes formal acceptance of the updated Terms.

12. Contact Details

• Legal Entity: Burkhart & Foster Collective Group
• Email: summer@burkhartfoster.com
• Physical Address: 1400 S. International Pkwy., Lake Mary, FL 32746
• Phone: (407) 519-0007