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Terms of Service/Terms Of Use
LIMITED LICENSE
IMPORTANT! THESE TERMS OF SERVICE/TERMS OF USE GOVERN YOUR USE OF Burk Hale, Inc. WEB SITES (or hereinafter "THIS WEB SITE", "this Web site", "the site" or "web site"), WHICH
IS PROVIDED BY Burk Hale, Inc.,(hereinafter, "Burk Hale, Inc."). Burk Hale, Inc. provides this web site
free of charge to you under the terms and conditions set forth in this TERMS OF SERVICE/TERMS OF USE section of
Burk Hale, Inc. web sites. However, there may be other additional terms and conditions in other sections of Burk Hale, Inc. Web Sites, e.g., Purchase Agreement, which
are expressly incorporated herein and also must be observed and followed (collectively referred to hereinafter
as "Terms of Use"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE
TERMS OF USE/TERMS OF SERVICE. By accessing or using this site, you agree to abide by the Terms of Use/Terms of
Service. THESE TERMS OF USE/TERMS OF SERVICE ARE SUBJECT TO CHANGE BY Burk Hale, Inc. AT ANY TIME IN ITS DISCRETION.
YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. If you enter this site without complying/agreeing to these terms you are violating code 431.322.12 of
the Internet Privacy Act. PLEASE CONSULT THESE TERMS OF USE/TERMS OF SERVICE REGULARLY.
ACCESS TO THIS SITE
ACCESS TO THIS WEB SITE IS RESTRICTED UNDER CERTAIN
CONDITIONS.
To access this site or some of the resources and products it has to offer, you may be asked to provide certain
registration details or other information. It is a condition of your use of this site that all the information
you provide on this site will be correct, current, and complete. If our Burk Hale, Inc. believes the information
you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of
its resources, and to terminate or suspend your access at any time, without notice.
RESTRICTIONS ON USE
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS
THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON.
DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE
CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
Prohibited uses include, without limitation, using
email addresses obtained from this Web site for solicitation purposes of any kind, directly or indirectly, the
use of data mining, robots or other similar data gathering and extraction tools, accessing this web site for purposes
of gathering information to use against the site owner or web site host or ISP or employees or affiliates of Burk Hale, Inc.
or in the interest of developing a product to compete with the products offered on the web site, and making any
derivative works based, in whole or in part, on any portion or all of this Web site. You may use this site for
purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial
purpose, without Burk Hale, Incorporated's express prior written consent. For example, you may not (and may not authorize
any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, You may
link to this Web site, so long as it does not portray Burk Hale, Incorporated's or its affiliates in a negative manner or otherwise
portray its services or products in a false, misleading, derogatory or offensive manner. Further, the linking site
must not contain anything illegal, false, misleading, derogatory or offensive, and no express or implied affiliation
with Burk Hale, Inc. may be indicated without Burk Hale, Incorporated's express written permission. Burk Hale, Inc. reserves
the right to require that you remove any link to this Web site for any reason, and you agree to carry out the removal
immediately. For purposes of these Terms of Use, "co-branding means to display a name, logo, trademark, or
other means of attribution or identification of any party in such a manner as is reasonably likely to give a user
the impression that such other party has the right to display, publish, or distribute this site or content accessible
within this site. You agree to cooperate with Burk Hale, Inc. in causing any unauthorized co-branding, framing or
hyper-linking immediately to cease. You agree to take reasonable precautions to maintain the confidentiality of
your account name and password for full access to this Web site. In addition, you agree not to modify, add or delete
any content on this site, without the express written permission of Burk Hale, Inc.. Further, you agree not to interrupt
or attempt to interrupt the operation of Burk Hale, Inc. or this Web site or access thereto by other users by any
means.
You agree not to resell or otherwise exploit for
commercial purposes, directly or indirectly, any portion of this Web site, the services offered on this Web site,
or access to this Web site.
PROPRIETARY INFORMATION
The material and content (hereinafter referred to
as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed,
or controlled by Burk Hale, Inc. is the proprietary information of Burk Hale, Inc. or the party that provided the Content
to Burk Hale, Inc., and Burk Hale, Inc. or the party that provided the Content to Burk Hale, Inc. retains all right,
title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded,
posted, or transmitted in any way without the prior written consent of our Burk Hale, Inc., or unless authorized
in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal
use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade
name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or
use of the Content except as expressly provided in these Terms of Use violates Burk Hale, Inc.'s intellectual property
rights. Neither title nor intellectual property rights are transferred to you by access to this site.
HYPER-LINKS
This site may be hyper-linked to other sites which
are not maintained by, or related to, Burk Hale, Inc.. Hyper-links to such sites are provided as a service to users
and are not sponsored by or affiliated with this site or Burk Hale, Inc. Burk Hale, Inc. has not reviewed
any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed
at the user's own risk, and Burk Hale, Inc. makes no representations or warranties about the content, completeness
or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link
to a third-party site does not necessarily imply endorsement by Burk Hale, Inc. of that site.
SUBMISSIONS
You hereby grant to Burk Hale, Inc. the royalty-free,
perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics,
or other information communicated to us (personnel or company "Burk Hale, Inc.") through this site or any
other (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works
in any form, media, or technology now known or later developed. Burk Hale, Inc. will not be required to treat any
Submission as confidential, and may use any Submission in its business (including without limitation, for products
or advertising) without incurring any liability for royalties or any other consideration of any kind, and will
not incur any liability as a result of any similarities that may appear in future Burk Hale, Inc. operations.
Burk Hale, Inc. will treat any personal information that you submit through this site in accordance with Burk Hale, Inc.'s Privacy Policy as set forth on this site.
DISCLAIMER
Products Not Intended For Medical Purposes.
The US Food & Drug Administration (FDA) prohibits manufacturers of instruments from making health or therapeutic
claims for effects relating to the physical or mental illness being currently treated by members of the medical
profession and/or other licensed practitioners unless said instruments have been registered by the FDA. Nothing
on this web site is intended to diagnose, treat or cure any physical or mental problems or medical conditions.
Information on this site is intended to be used for educational and customer evaluatory purposes only. The statements
on this site have not been evaluated by the FDA in the United States of America or any other Governmental agency
associated with any other Country or Organization, and as such, they shall not be construed as medical advice,
implied or otherwise.
All people not excluded by other terms and conditions are welcome to enter this site; Except those affiliated with
any government, or any ANTI-Health, or any ANTI-Spiritual Information/Growth group or any other related group including
but not limited to regulatory agencies/groups, or if you were formally a worker of one you are forbidden to enter
this web site, or access any of it's files by any means.
The information provided on this site should not
be construed as personal medical advice or instruction. No action should be taken based solely on the contents
of this site. Readers should consult appropriate health professionals on any matter relating to their health and
well-being. The information and opinions provided here are believed to be accurate and sound, based on the best
judgment available to the authors, but readers who fail to consult appropriate health authorities assume the risk
of any injuries. The publisher is not responsible for errors or omissions.
Technical data and statistical information contained
in any Burk Hale, Inc. Web site or Web page of any Burk Hale, Inc. Web site has been derived from information supplied by the respective manufacturers, distributors and obtained
from other sources believed to be accurate. Although we believe that the information is generally correct, we do
not assume any responsibility whatsoever for its accuracy. Conditions and purposes of which customers may use products
and information available on the web site are beyond our knowledge or control and consequently we assume no liability
whatsoever for results obtained or loss or damage incurred as a result of application of the product or information
presented. Users of the web site and products listed on it or purchased through the web site do so at their own
risk. In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copyright
infringement or other similar claims which may arise out of or in connection with the use of any data, information
or items described in the web site.
Burk Hale, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
ANY PARTICULAR PURPOSE.
You understand that Burk Hale, Inc. cannot and
does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms,
Trojan horses or other code that may manifest contaminating or destructive or invasive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.
Burk Hale, Inc. does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date
and should not be used to replace any written reports, statements, or notices provided by MiraculeWater. Investors,
borrowers, and other persons should use the Content in the same manner as any other educational medium and should
not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this
site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content
is provided "as is and without warranties of any kind, either expressed or implied. Burk Hale, Inc. disclaims
all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR
NON-INFRINGEMENT. Burk Hale, Inc. does not warrant that the functions OR CONTENT contained in this site will be uninterrupted
or error-free, that defects will be corrected, or that this site or the server that makes it available are free
of viruses or other harmful components. Burk Hale, Inc. does not warrant or make any representation regarding use,
or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical
inaccuracies or typographical errors, and Burk Hale, Inc. may make changes or improvements at any time. You, and
not Burk Hale, Inc., assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY
LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Burk Hale, Inc. MAKES NO WARRANTIES THAT YOUR USE
OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical
in nature or forward-looking, speaks only as of the date the information is posted on Burk Hale, Inc. sites, and MiraculeWater
does not undertake any obligation to update such information after it is posted or to remove such information from
this site if it is not, or is no longer, accurate or complete.
LIMITATION ON LIABILITY
IN NO EVENT SHALL Burk Hale, Inc. BE LIABLE FOR ANY
INJURY, EXPENSES, PROFITS, LOSS OR DAMAGE, WHETHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL, OR ANY OTHER PECUNIARY
LOSS OR EXPENSE ARISING OUT OF THE ACCESS, USE OR INABILITY TO USE ANYTHING ON THIS WEB SITE OR ANY PRODUCT DESCRIBED,
EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY THEREOF.
Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
IF, DESPITE THE LANGUAGE OF THE TERMS OF USE, Burk Hale, Inc.
BECOMES LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR RELATED IN ANY WAY TO YOUR ACCESS, USE OR INABILITY TO USE
THIS WEB SITE OR ANY PRODUCT DESCRIBED IN THE WEB SITE, THEN Burk Hale, Inc., ITS SUBSIDIARIES, AFFILIATES, LICENSERS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL,
DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE
OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Burk Hale, Inc. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Burk Hale, Inc. AND ITS SUBSIDIARIES,
AFFILIATES, LICENSERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY
PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR
THE AMOUNT YOU HAVE PAID TO Burk Hale, Inc. FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY
AROSE.
INDEMNITY
You will indemnify and hold Burk Hale, Inc., its subsidiaries,
manufacturers, distributors, affiliates, licensers, content providers, service providers, employees, agents, officers,
directors, stock holders, and contractors (hereinafter known as the "Indemnified Parties") harmless from
any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these
Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach
or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorneys fees of the Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related
in any way to your access or use of this web site or products described or purchased from, inability to access
or use of this Web site or products herein described or referenced, or any breach by you of the Terms of Use, or
your use of the information accessed from this site.
TRADEMARKS
Trademarks, service marks, and logos appearing in
this site are the property of Burk Hale, Inc. or the party that provided the trademarks, service marks, and logos
to Burk Hale, Inc. Burk Hale, Inc. and any party that provided trademarks, service marks, and logos to Burk Hale, Inc.r
retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this
site.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit
in connection with this site any material that:
· you do not have the right to post, including proprietary material of any third party;
· advocates illegal activity or discusses an intent to commit an illegal act;
· is vulgar, obscene, pornographic, or indecent;
· does not pertain directly to this site;
· threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist,
abusive, harassing, threatening or offensive;
· seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable
details or otherwise;
· infringes any intellectual property or other right of any entity or person, including violating anyone's
copyrights or trademarks or their rights of publicity;
· violates any law or may be considered to violate any law;
· impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers
or identifiers to disguise the origin of the content;
· advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages
in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting
goods or services) except as may be specifically authorized on this site;
· solicits funds, advertisers or sponsors;
· includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
· disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type,
or otherwise act in a way which affects the ability of other people to engage in real time activities via this
site;
· includes MP3 format files;
· amounts to a 'pyramid' or similar scheme;
· disobeys any policy or regulations established from time to time regarding use of this site or any networks
connected to this site; or
· contains hyper-links to other sites that contain content that falls within the descriptions set forth
above.
Although under no obligation to do so, Burk Hale, Inc. reserves the right to monitor use of this site to determine
compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding
these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that
neither Burk Hale, Inc. nor any third party that provides Content to Burk Hale, Inc. will assume or have any liability
for any action or inaction by Burk Hale, Inc. or such third party with respect to any submission.
SECURITY
Any passwords used for this site are for individual
use only. You will be responsible for the security of your password (if any). Burk Hale, Inc. will be entitled to
monitor your password and, at its discretion, require you to change it. If you use a password that Burk Hale, Inc.
considers insecure, Burk Hale, Inc. will be entitled to require the password to be changed and/or terminate your
account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security
or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become
involved in any violation of system security, Burk Hale, Inc. reserves the right to release your details to system
administrators at other sites in order to assist them in resolving security incidents. Burk Hale, Inc. reserves the
right to investigate suspected violations of these Terms of Use.
Burk Hale, Inc. reserves the right to fully cooperate with any law enforcement authorities or court order requesting
or directing Burk Hale, Inc. to disclose the information submitted or identity of anyone posting any e-mail messages,
or publishing or otherwise making available any materials that are believed to violate these Terms of Use or laws.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Burk Hale, Inc. FROM ANY CLAIMS RESULTING FROM ANY ACTION
TAKEN BY Burk Hale, Inc. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE
OF INVESTIGATIONS BY EITHER [Burk Hale, Inc.] OR LAW ENFORCEMENT AUTHORITIES.
WARRANTY
Burk Hale, Inc. does not warranty the Web sites http://miracle2wholesale.org, http://www.rangeguide.net., http://www.burkhale.net or any affiliated links thereto in any way or by any means. Burk Hale, Inc. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
INTERNATIONAL USERS
Burk Hale, Inc. Web sites are controlled, operated and administered
by Burk Hale, Inc. a United States Corporation duly registered in the State of Delaware. Burk Hale, Inc. makes no representation
that this site is available for access or use at other locations outside the U.S. However, any access or use from
outside the U.S. is still subject to the Terms of Use. Access to this Web site is expressly prohibited from territories
where this site or any portion thereof is illegal. You agree not to access or use any information or materials
on Burk Hale, Inc. Web sites in violation of U.S. export laws and regulations, or in violation of any laws or regulations in
the country from which you are accessing Burk Hale, Inc. Web sites.
THIRD PARTY SITES/EMAIL
As a convenience to you, Burk Hale, Inc. may provide on Burk Hale, Inc. Web sites one or more links to third party Web sites
and/or provide email contacts respecting third parties. Burk Hale, Inc. makes no endorsement of such third parties,
nor any representation or warranty regarding anything that takes place between you and any such third parties,
including, without limitation, visits to third party Web sites, email correspondence with third parties, and business
or other transactions with third parties found through Burk Hale, Inc. Web sites. Please understand that such third parties
are independent from and not controlled by Burk Hale, Inc., even if, for example, a Burk Hale, Inc. link or logo appears
on a Web site linked from this site. It is up to you to take whatever precautions are necessary in order to protect
against viruses, worms, Trojan horses or other malicious code.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of Delaware, United States of America, notwithstanding
any principles of conflicts of law. You specifically consent to personal jurisdiction in Delaware in connection with
any dispute between you and Burk Hale, Inc. arising out of these Terms of Use or pertaining to the subject matter
hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties
arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state
and federal courts in Delaware. If any part of these Terms of Use is unlawful, void or unenforceable,
that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding
the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Burk Hale, Inc.
may revise these Terms of Use at any time by updating this posting.
By viewing any page of this site,
you affirm and agree to all of the above conditions.
Last updated: 1- 7-2004
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