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Terms & Conditions

PRIVACY & CONDITIONS
Burke Decors's website has security measures in place to protect the loss, misuse and alteration of information. All orders are transmitted over secure Internet connections using SSL (Secure Sockets Layer) encryption technology. You can verify our SSL Certificate from the lower navigation menu from any page on our site. Burke Decors also utilizes Hacker Safe Scan Alert software, which provides daily vulnerability assessments for protection from hackers and third-party certification of our site's security. You can verify the site has been scanned daily by looking at the Hacker Safe icon on the lower navigation menu, on every page. Credit card information entered on the site is not saved or accessible for future use.

COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Burke Decors LLC. The collective work includes works that are licensed to Burke Decors LLC. Copyright 2007-16, Burke Decors LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Burke Decors LLC or purchasing Burke Decors LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Burke Decors LLC or to purchase Burke Decors LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Burke Decors LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS
All trademarks, service marks and trade names of Burke Decors LLC used in the site are trademarks or registered trademarks of Burke Decors LLC.

WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Burke Decors LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Burke Decors LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Burke Decors LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. These provisions are unenforceable or inapplicable within the State of New Jersey.


LIMITATION OF LIABILITY 
To the fullest extent permissible pursuant to applicable law, Burke Decors LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Burke Decors LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. These provisions are unenforceable or inapplicable within the State of New Jersey.


TYPOGRAPHICAL ERRORS
In the event that a Burke Decors LLC product is mistakenly listed at an incorrect price, Burke Decors LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Burke Decors LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Burke Decors LLC shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Burke Decors LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE
Burke Decors LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Burke Decors LLC.

MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Burke Decors LLC products) shall be in the state or federal courts located in Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Burke Decors LLC products) must be commenced within one (1) year after the claim or cause of action arises. Burke Decors LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Burke Decors LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

TEXT MESSAGE OPT-INS
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more  These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages.  To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages.For more information about text messages, see our Terms and Conditions.


If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional Text text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages.Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures

USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Burke Decors LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER
Burke Decors LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Burke Decors LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Burke Decors LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Burke Decors LLC in its sole discretion.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Burke Decors LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account, to the fullest extent permissible pursuant to applicable law. Applicable law may not allow an indemnification provision, so the above limitation or exclusion may not apply to you. These provisions are unenforceable or inapplicable within the State of New Jersey.


THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Burke Decors LLC may link to sites operated by third parties. However, even if the third party is affiliated with Burke Decors LLC, Burke Decors LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Burke Decors LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Burke Decors LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).