Terms and Conditions For BurnPeak
Agreement to Terms
This agreement is established between you and BurnPeak (the "Company"). These terms and conditions, along with
any referenced documents (collectively referred to as the "Agreement"), govern your access and usage of the
BurnPeak website, which includes all related content, features, and services available on or through the
BurnPeak website (collectively called the "Website").
Before you proceed to use the Website, please carefully read this Agreement. By accessing the Website or
clicking to accept this Agreement when prompted, you acknowledge and agree to comply with these terms and the
Company's Privacy Policy, available at https://en-burnpeaks.com]. If you disagree with any
part of this Agreement or the Privacy Policy, you should not use or access the Website.
The Website is intended for users who are at least 18 years old. By utilizing this Website, you confirm that you
are of legal age to form a binding contract with the Company. If you do not meet this requirement, please
refrain from accessing or using the Website.
Modifications to the Terms
The Company reserves the right to modify and update this Agreement at its sole discretion. Changes take effect
immediately upon posting and apply to all subsequent access and use of the Website. However, any amendments
related to dispute resolution will not apply to any disputes that parties have already been notified of prior to
the change being posted on the Website.
Your continued usage of the Website following the posting of changes signifies your acceptance of the
modifications. You are encouraged to review this page periodically to stay informed about any changes, as they
are binding.
Access and Account Security
The Company may revise or discontinue any part of the Website, including services or materials offered, at any
time without notice. We do not hold any liability if any part or the entire Website is unavailable at any time.
Occasionally, the Company may restrict access to certain parts of the Website or the entire Website, including
access for registered users.
You are responsible for:
Ensuring that all necessary arrangements are made to access the Website.
Making sure that any individuals accessing the Website through your internet connection are aware of and comply
with this Agreement.
To access certain resources on the Website, you may be required to provide registration details or other
information. It is a condition of your use of the Website that all the information you provide is accurate,
current, and complete. All personal data provided through the Website will be handled in accordance with the
Privacy Policy, and by using the Website, you consent to the actions the Company takes concerning your
information.
If you select or are provided with login credentials, such as a username or password, it is your responsibility
to keep this information confidential. You acknowledge that your account is personal to you, and you agree not
to share access with others. If you suspect unauthorized access to your account, you must notify the Company
promptly. You should also ensure to log out from your account at the end of each session, especially when using
public or shared devices.
The Company reserves the right to disable any account or credentials at its discretion, especially if it
believes that any terms of this Agreement have been violated.
Consent to Communication
By using our services, you agree to allow our team and service providers to contact you via phone calls,
including SMS/MMS, to provide important updates, offers, and product information. Your personal information will
be handled carefully and used only for these purposes. If you wish to modify or withdraw your consent, please
reach out to our customer support.
Signing Up for Text Messages
Please review the Privacy Policy, incorporated herein by reference, for information and notices concerning our
collection, use, and disclosure of your information.
By signing up to receive text messages, you agree to these SMS Terms, and American Health Daily’s Privacy Policy
and Terms of Service. You also agree that we may use any automated or non-automated technology to send you
shipping, informational and occasional promotional information. You understand that you are not required to
receive our text messages as a condition of using our services or products made available.
No Costs for Text Messages
We do not charge you for our text message program. But message and data rates may apply, so depending on your
plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable
provider. The carrier is not liable for any delays or undelivered messages.
Frequency of Text Messages
We may send you an initial message confirming that your order is being processed and shipped. After that, the
specific amount of text messages may vary depending on how you use our services and the types of text messages
you registered to receive. For shipping we anticipate sending a confirmation of order and confirmation of
shipping. For items remaining in your cart you may receive up to 3 reminders of the promotion after which we
will remove the promotional items from your order. Additionally, the number of text messages you receive may
depend upon factors including how you use our services and whether you take steps to generate additional text
messages from us.
Opting Out of Text Messages
If you no longer want to receive our text messages, you may text STOP to Cancel and HELP for Help to any text
message from us. After unsubscribing, we may send you confirmation of your opt-out via text message.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES
OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS,
EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE
OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE
NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE,
ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND AMERICAN HEALTH DAILY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR
EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES
ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL
ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS
CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL
OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE.
THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE
TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF
MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH
CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the
event of cancellation or termination, you are no longer authorized to access the part of the Site affected by
such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the
Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific
product, service, event or course will specify its own refund policy.
Anti-Spam Policy
We collect personally identifiable information, such as names, addresses, contact details, and other relevant
information when voluntarily submitted by visitors. This information is used for the following purposes:
To operate, improve, and promote our services.
For marketing through emails, SMS, advertising, customer service, fraud prevention, and other related
activities.
To deliver the products/services requested and ensure compliance with our terms and conditions.
We do not share your personal information with third parties without explicit permission unless necessary to
fulfill a third-party offer you have accepted from us. You have the right to unsubscribe from our emails at any
time by using the opt-out link provided in each communication.
Anti-Spam Policy In the context of electronic messaging, spam refers to unsolicited, bulk, or indiscriminate
messages typically sent for a commercial purpose. We provide a facility that enables users to send email
messages / private messages to others. Users must not use this facility to send unsolicited, bulk, or
indiscriminate messages, whether or not for commercial purposes. Receipt of unwanted messages from our company:
In the unlikely event that you receive any message from us or sent using our systems that may be considered to
be spam, please contact us by using the details below and the matter will be investigated.
Intellectual Property
The Website and all its content, including text, images, video, audio, software, and design elements, are the
property of the Company or its licensors and are protected under intellectual property laws. You are permitted
to use the Website for personal, non-commercial use only. Any reproduction, modification, or distribution of
Website materials is strictly prohibited unless explicitly allowed.
If the Company provides downloadable applications, you may download one copy for personal use under the
Company's end-user license agreement.
Prohibited Uses
You are authorized to use the Website solely for lawful purposes and in line with this Agreement. Prohibited
uses include actions that violate laws, harm minors, transmit unauthorized promotional material, impersonate
others, or interfere with the Website's operation. Unauthorized use of automated tools or attempts to hack the
Website are also strictly forbidden.
Disclaimer of Warranties
The Website is provided "as is," without any warranties of any kind. The Company does not guarantee the
Website's completeness, reliability, or accuracy. You are responsible for ensuring your security when using the
Website, including virus protection.
Indemnification
You agree to indemnify and hold harmless the Company and its affiliates from any claims arising from your
violation of this Agreement or misuse of the Website.
Governing Law and Jurisdiction
This Agreement is governed by the laws of Michigan, USA. Any legal disputes will be resolved in Michigan courts
unless resolved through arbitration.
Entire Agreement
This Agreement, along with the Privacy Policy and Terms of Sale, constitutes the entire agreement between you
and the Company regarding the Website.
Feedback
Any feedback or suggestions provided to the Company regarding the Website are non-confidential and may be used
without compensation.