Welcome to Burst Agency and our Terms of Service (these “Terms”).

By accessing or using the websites, mobile applications, platforms, portals, or blogs (collectively, the “Sites”) provided by Burst Agency, its parent company or our subsidiaries (collectively, “Burst Agency,” “we,” “us” or “our”) you acknowledge that you, or any business entity you have authority represent, have read, understood and agreed to be bound by these Terms and all of the terms incorporated herein by reference including our Cancellation Policy, Refund Policy, Non-Disclosure Policy, and Privacy Policy. If you, or the entity you represent, do not agree to these Terms, you may not access or use the Sites or order, receive or use the services made available through the Sites (collectively, the “Services”).

1. Use of the Sites

You may use the Sites only in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Sites. Any other use of the Sites requires the prior written consent of Burst Agency. You may not otherwise copy, modify, or distribute the contents of the Sites without the express written permission of Burst Agency. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Sites.

We require all visitors, users, customers and clients to agree not to use the Sites, and specifically prohibit any use of the Sites, for any of the following purposes; (a) posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity; (b) posting any information which is untrue, inaccurate or not your own; (c) engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; or (d) attempting to interfere in any way with Burst Agency’s network security, or attempting to use the Sites’ service to gain unauthorized access to any other computer system

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Sites. Further, you may not use any such automated means to manipulate the Sites, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Sites or any other user's use of the Sites, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Sites, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Sites within another web site. You may not resell use of, or access to, the Sites to any third party without our prior written consent.

2. Registration and Passwords

In order to access certain services on the Sites, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

3. Additional Terms of Service

You agree that additional terms of service may apply to specific products, services, orders or your use of certain portions of the Sites (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

4. Sites not for Minors

The Sites are available to registered and unregistered users who are 18 years old and older and who have not been suspended or removed by Burst Agency for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Sites for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Sites and agree to these Terms. Use of the Sites is void where prohibited by law.

5. Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse service to certain accounts due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

6. Appointment and Authority

By purchasing any of our services, you automatically appoint Burst Agency for the purpose of performing certain services contracted by you. If your order is not declined within 48 hours from placement, Burst Agency automatically accepts the appointment and agrees to perform the services in accordance with the terms and conditions of this Agreement and service details provided by Burst Agency. By purchasing services from Burst Agency, you automatically grant Burst Agency reasonable and necessary authority to complete the services contracted by you. Burst Agency shall act as an independent contractor and will not be considered an employee.

7. Services

Upon purchasing of Burst Agency products and/or services on the Sites, Burst Agency shall provide to you strategy, creative and marketing services in accordance with your purchases. The services shall be pursuant to the costs and fees listed in official Burst Agency documentation and/or received in writing from an authorized representative of the Burst Agency. You may request changes and modifications to the services at any time and Burst Agency will use commercially reasonable efforts to implement such changes, as soon as commercially and reasonably possible.

8. Term and Termination

Unless stated otherwise in writing, all Burst Agency services are provided on a month-to-month basis and commence upon the first date of payment made by you. Each service activated by you shall automatically continue in effect for successive periods of the same length thereafter, unless either you or Burst Agency provides written notice of termination for a specific service.

You may terminate any purchased or contracted service at any time prior to the next billing date for each service. In the event you fail to make timely payments when due, Burst Agency may pause or terminate services until all invoices and payments due are brought current, without pro-ration. You are responsible for all invoices, charges, and fees due to Burst Agency for services provided by Burst Agency prior to termination of any services.

9. Service Subscriptions

As part of its suite of services, Burst Agency offers some retainer based subscription services. These services have several types of rebillable service subscriptions (“Service Subscriptions”).

By purchasing a Service Subscription, you expressly acknowledge and agree that (a) your subscription has an initial and recurring payment feature, Burst Agency (or our third party payment processor) is authorized to automatically charge your payment method at the service subscription rate and term for as long as your subscription continues, and (b) your subscription is continuous and will be automatically extended for successive periods until you cancel it.

You may cancel a Service Subscription at any time, by logging into your client account portal or emailing us at support@burstagency.com and following the cancellation instructions. The cancellation of a Service Subscription should be made before your next anniversary billing date. If you cancel your subscription after your next anniversary billing date your cancellation will be effective for the following service term. If you cancel, you may use your service subscription until the end of your then-current service subscription term. Burst Agency shall submit it's service subscription charges according to the details of the products and services you've selected without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Burst Agency reasonably could act.

In the event you cancel your service subscription, please note that we may still send you promotional communications about Burst Agency, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

10. Free Trials

From time to time, to the extent legally permitted, we may offer free trials of certain service subscriptions for specified periods of time without full payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.

ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SERVICE SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SERVICE SUBSCRIPTION ARE DESCRIBED IN SECTIONS 5.1 ABOVE. PLEASE NOTE THAT YOU MAY NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

We reserve the right to revoke your service subscription at any time as a result of a violation of these Terms or the Privacy Policy.

11. Payments

Burst Agency requires and collects pre-payment for the majority of its suite of services. By purchasing Services from Burst Agency you agree to the timelines needed and required by Burst Agency to deliver on such services, as determined by Burst Agency. 

In certain cases, and with larger contracted projects, Burst Agency may choose to collect only a percentage of the total work order invoice payment before commencement of any work and collect the remaining balance of the work order invoice payment after completion of the entire project. Such cases, and the exact method and percentage of billing and payments required before and after completion of a project, is at the full discretion of Burst Agency.

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.

12. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your service subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order and all relevant services may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Burst Agency account, you can do so at any time by emailing support@burstagency.com. You acknowledge that the amount billed may vary due to promotional offers, changes to your service subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

13. Refunds and Credits

Unless approved in writing by a Burst Agency manager, there are no refunds, credits, or adjustments, of any kind, for any service subscription, service, product or other purchase. In the specific case of service subscriptions, regardless of whether the services provided in any service subscription are used or not, no service subscription is refundable, creditable or adjustment under any theory of service roll-over, unused credits, unused services or any other similar theories. 

In certain cases, and only at the sole discretion of Burst Agency, we will provide account credits and/or refunds to clients for any work Burst Agency has agreed to service where such work has failed to meet the requirements and/or standards, as set and determined by Burst Agency, and at least one re-attempt at remedy of the work service has also failed.

14. Expenses

Burst Agency is not responsible for any work product, software, licensing, marketing, or advertising fees or expenses, excluding those expressly outlined by Burst Agency. This includes, but is not limited to; third-party network fees, advertising spend and affiliate commissions.

15. 3rd Party Agencies and Professional Services Firms

As part of the Burst Agency suite of services you may be referred and matched with 3rd party agencies, contractors, and professional services firms. Under no circumstance will Burst Agency, or any of its agents, be responsible for any dispute between you and a 3rd party agency, contractor, or professional services firm regarding any matter including but not limited to disputes of work quality, work timeline, work performance, work guarantees, or billing contracted between you and such 3rd party.

16. Collections

In the event that any amounts due to Burst Agency under these Terms or any applicable agreement become delinquent, are subject to chargeback, reversal, dispute, or are otherwise unpaid for any reason, you shall remain fully liable for the entire outstanding balance. You further agree that Burst Agency shall be entitled to recover, in addition to the unpaid amounts, all costs and expenses incurred in connection with the collection of such sums, including but not limited to interest accruing at the maximum rate permitted by law, reasonable attorneys’ fees, court costs, administrative fees, collection agency fees, and any other related expenses. You acknowledge and agree that Burst Agency may pursue any and all remedies available at law or in equity to enforce collection of delinquent accounts, and that you shall be responsible for all penalties, damages, and costs arising from or related to such collection efforts.

17. Proprietary Rights

You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Sites are the property of Burst Agency or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Sites. Burst Agency and the Burst Agency logo are registered trademarks of Burst Agency. All other trademarks are the property of their respective owners. All of our Sites’ content is Copyright Burst Agency. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Sites. All rights not granted under these Terms are reserved by Burst Agency.

18. Work Product

Upon receipt of full payment from you for services rendered by Burst Agency, any and all corresponding work product produced by Burst Agency for you, shall be your sole and exclusive property. Any work product produced by Burst Agency for you shall remain the sole and exclusive property of Burst Agency until all relevant invoices have been paid. You agree that all third party content, including any content incorporated into work product created for you, is subject to the original licensing terms for such content and you (i) may not use any third party content in any way that exceeds the scope of the license for that content and (ii) are fully responsible for any use of the content outside of the Burst Agency services.

In no event does Burst Agency guarantee any level of work product performance including, but not limited to; results or return on investment.

19. Warranties and Representations

You represent and warrant that (a) you have all rights and authorizations necessary to grant the rights and licenses set forth herein; (b) you shall not provide Burst Agency with any content that infringes on the Intellectual Property Rights or any other rights of any third party, including without limitation any rights of publicity or privacy; (c) none of the your content contains any viruses, trojan horses, time bombs or other harmful or malicious code; (d) none of your content violates any applicable law, statute, ordinance, regulation, or legal terms of any provider or channel or is defamatory, libelous, unlawfully threatening, unlawfully harassing, obscene, pornographic, or indecent; and (e) if any of your content, or portion thereof, requires any clearance of rights from any third party for use as contemplated herein, you have obtained that clearance.

You warrant that you have the authority to enter into this agreement and you will comply fully with all applicable laws, regulations, statues, and ordinances.

20. Disclaimers

You assume all responsibility and risk with respect to your use of the Sites and any Products or Services received through the Sites. THE SITES, AND ALL CONTENT, MERCHANDISE, SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITES OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, Burst Agency DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Burst Agency makes no warranties of any kind regarding any non-Burst Agency sites to which you may be directed or hyperlinked from this Sites. Hyperlinks are included solely for your convenience, and Burst Agency makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Burst Agency sites. Burst Agency does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Sites.

21. Indemnification

You agree to indemnify, hold harmless, and defend Burst Agency, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents, partners, and affiliates from any and all claims, liabilities, damages, costs, and expenses of defense, including attorneys’ fees, in any way arising from or related to: (a) your use of the Sites or Services; (b) your violation of these Terms of service; (c) your violation of any law or the rights of a third party.

Burst Agency agrees to indemnify, hold harmless, and defend you, your company, subsidiaries, affiliates, and your respective officers, directors, employees, and agents from any and all claims, liabilities, damages, costs, and expenses of defense, including attorneys’ fees, in any way arising from or related solely to claims that Burst Agency’s original work product, in its unaltered form and as delivered by Burst Agency, violates any law or infringes upon the intellectual property rights of a third party.

 

22. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY, INCLUDING BURST AGENCY, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES, OR YOU, INCLUDING YOU, YOUR COMPANY, SUBSIDIARIES, AFFILIATES, OR ANY THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, OR PARTNERS, BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF EITHER PARTY,ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES, OR YOU, INCLUDING YOU, YOUR COMPANY, SUBSIDIARIES, AFFILIATES, OR ANY THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, OR PARTNERS, TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM USE OF THE SITES OR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT TRANSACTED BETWEEN BURST AGENCY AND YOU, IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some of the above disclaimers or exclusions may not apply.

 

23. International Use

We control and operate the Sites from the United States. We make no representation that materials on the Sites are appropriate or available for use outside the United States. If you choose to access this Sites from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

24. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. 

You agree that you will abide by these Terms and will not: (a) Engage in any harassing, threatening, intimidating, predatory or stalking conduct; (b) Use or attempt to use another user’s account without authorization from such user and Burst Agency; (c) Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, (d) disable, overburden or impair the functioning of the Sites in any manner; (e) Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; (f) Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; (g) Develop any third party applications that interact with User Content or the Sites without our prior written consent; (h) Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; (i) Bypass or ignore instructions contained in the robots.txt file, accessible at www.burstagency.com/robots.txt, that controls all automated access to the Sites; or (j) Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

25. Dispute resolution; Arbitration

25.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Burst Agency agree (a) to waive your and Burst Agency’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content, Services or Products, resolved in a court, and (b) to waive your and Burst Agency’s respective rights to a jury trial. Instead, you and Burst Agency agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

25.2. No Class Arbitrations, Class Actions or Representative Actions

You and Burst Agency agree that any Dispute arising out of or related to these Terms or the Sites, Content or Services is related to you and Burst Agency and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Burst Agency agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Burst Agency agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

25.3. Federal Arbitration Act

You and Burst Agency agree that these Terms affect interstate commerce and that the enforceability of this Section 25 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

25.4. Notice; Informal Dispute Resolution

You and Burst Agency agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Burst Agency shall be sent by certified mail or courier to Burst Agency, Attn: General Counsel, 1212 Broadway Plaza Suite 13, Walnut Creek, CA 94596. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Burst Agency account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (d) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (e) a description in reasonable detail of the nature or basis of the Dispute, and (f) the specific relief that we are seeking. If you and Burst Agency cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Burst Agency may, as appropriate and in accordance with this Section 25, commence an arbitration proceeding or, to the extent specifically provided for in Section 25.1, file a claim in court.

25.5. Process

Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Burst Agency agree that any Dispute must be commenced or filed by you or Burst Agency within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Burst Agency will no longer have the right to assert such claim regarding the Dispute). You and Burst Agency agree that (a) any arbitration will occur in the State of California, County of Contra Costa, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Contra Costa, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

25.6. Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

25.7. Rules of JAMS        

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

25.8. Severability

If any term, clause or provision of this Section 25 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 19 will remain valid and enforceable. Further, the waivers set forth in Section 25.2. are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

25.9. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 25 by writing to: Burst Agency, Attn: General Counsel, 1212 Broadway Plaza, Suite 13, Walnut Creek, CA 94596. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve any Disputes directly with Burst Agency outside of any court of jurisdiction.

26. No Waiver of Rights

The failure of Burst Agency to partially or fully exercise any rights or the waiver of Burst Agency of any breach of these terms of service by you shall not prevent a subsequent exercise of such right by Burst Agency or be deemed a waiver by Burst Agency of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Burst Agency under these Terms and any other applicable agreement between you and Burst Agency shall be cumulative, and the exercise of any such right or remedy shall not limit Burst Agency’s right to exercise any other right or remedy.

27. Governing Law and Venue

These Terms, your access to and use of the Sites and your order, receipt and use of the Products and Services shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Contra Costa.

28. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

29. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

30. Survival

All sections of these Terms that extend beyond any expiration or termination of these Terms, shall survive the expiration or termination of these Terms and the termination of your Burst Agency account.

31. Successors and Assigns

The provisions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of you, your firm or Burst Agency. Burst Agency may at any time assign this Agreement and its rights and obligations hereunder in whole, or in part, to any corporation or other entity with or into which Burst Agency may hereafter merge or consolidate or to which the Burst Agency may transfer all or some of its assets.

32. Non-Solicitation

You agree not to, without the prior written consent of Burst Agency, at any time during your use of the Sites or Services and for a period of five (5) years after receiving the most recent service, directly or indirectly, solicit for employment, or endeavor to employ or to retain as an independent contractor or agent, any person who is an employee, independent contractor or agent of Burst Agency.

33. Miscellaneous

These Terms constitute the entire agreement between you and Burst Agency relating to your access to and use of the Sites and your order, receipt and use of Products and Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Burst Agency. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Burst Agency’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

34. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

35. Non-Disclosure Policy

Please refer to our Mutual Non-Disclosure Policy for information about how we protect information about you and your business.

36. Contact Information

Should you have any questions regarding these Terms you may email us at support@burstagency.com, call us at 888-398-2033, or write to us at the address posted below.

Burst Agency
1212 Broadway Plaza Suite 13
Walnut Creek CA 94596