BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE'S FORMS OR OTHERWISE, YOU AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT (SUCH ENTITY ALSO BEING INCLUDED IN THE TERMS “YOU,” “YOUR,” OR “USER” REFERRED TO ABOVE) THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE.
BURKHARDT JONES RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN BURKHARDT JONES'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE HYPER-LINKS FOR THIS AGREEMENT LOCATED AT THE BOTTOM AND WITHIN VARIOUS PAGES ON THE BURKHARDT JONES WEBSITE INCLUDING WITHOUT LIMITATION ITS MAIN LANDING PAGE.
1. RESTRICTIONS ON USE
You may use this website for purposes expressly permitted by this website. As a condition of your use of the Burkhardt Jones website, you warrant to Burkhardt Jones that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this website or its Content, or (ii) frame this website or its Content, without the express prior written permission of an authorized representative of Burkhardt Jones. For purposes of this Agreement, “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 website or Content accessible within this website. You agree to cooperate with Burkhardt Jones in causing any unauthorized co-branding or framing immediately to cease. In addition, you may not use the Burkhardt Jones website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this website without our express permission. Your use of this website is strictly for your personal use only unless otherwise authorized in writing by Burkhardt Jones.
2. ACCESS TO THE WEBSITE
To access some of the resources the website offers, including contacting Burkhardt Jones or purchasing goods or services, you may be asked to provide certain details or other information such as your name, e-mail address, and other credentials. It is a condition of your use of the website and these resources that all the information you provide in relation to the website will be correct, current, and complete. If Burkhardt Jones believes the information you provide is not correct, current, or complete, Burkhardt Jones has the right to refuse you access to the website or any of its resources.
3. ADDITIONAL USE LIMITATION
You may not modify, copy, translate, decompile, disassemble, reverse engineer, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell, or delete or change any Content, the website, or any copyright, trademark, or other proprietary notice on any Content or the website, except as expressly permitted by Burkhardt Jones. Burkhardt Jones requires these limitations to protect the integrity of its website, the Content, and our intellectual property.
4. PROPRIETARY INFORMATION
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Burkhardt Jones, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the website (the “Content”) is the proprietary information of Burkhardt Jones or the party that provided or licensed the Content to Burkhardt Jones, whereby such Burkhardt Jones or the providing party retains all right, title, and interest in the Content subject to the license grants to Burkhardt Jones. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, or transmitted in any way without the prior written consent of Burkhardt Jones. Modification or use of the Content except as expressly provided in this Agreement violates Burkhardt Jones’s intellectual property rights and/or the intellectual property rights of others. Neither title nor intellectual property rights in and to the website or its Content are transferred to you by access to this website.
This website may be hyper-linked to other websites which are not maintained by, or related to, Burkhardt Jones. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this website or Burkhardt Jones. Burkhardt Jones has not reviewed any or all of such websites and is not responsible for the content of those websites. Burkhardt Jones is not responsible for webcasting, streaming, downloads, or any other form of transmission received from any hyper-linked website or third party content embedded on the website. Hyper-links are to be accessed at the user's own risk, and Burkhardt Jones makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website. Burkhardt Jones provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website or embedding of content on the website does not necessarily imply endorsement by Burkhardt Jones of that website or content or any association with their operators.
You hereby grant to Burkhardt Jones the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all suggestions, feedback, and other improvements you provide to Burkhardt Jones related to the website or its Content (collectively "Feedback"). You hereby waive in perpetuity all so-called "moral rights," rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback. You represent and warrant that you have all the rights and permissions necessary to grant the above license, including without limitation any necessary licenses, waivers, or assignments of copyrights, patents, trademarks trade secrets, or other intellectual property rights, publicity rights, and privacy rights. Burkhardt Jones will not be required under this Agreement to treat any Feedback as confidential, and may use any Feedback to the full extent of its license 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 Burkhardt Jones products, services or other business operations.
You understand that Burkhardt Jones cannot and does not guarantee or warrant that files, including without limitation Content, available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive 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 website for any reconstruction of any lost data. Burkhardt Jones 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 Burkhardt Jones.
Nothing on this Site is intended to be a general solicitation of funds. Burkhardt Jones itself does not invest into musicals but is merely a club of Broadway investors, producers, fundraisers and friends. Any actual investing club members choose to do with one another would be conducted between them and the production company or associated producers.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ANY INFORMATION OR OTHER COMMUNICATIONS SENT TO YOU AS A RESULT OF YOUR INTERACTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION SENT TO YOU BY YOUR REQUEST THROUGH THE METHODS PROVIDED ON THIS WEBSITE (COLLECTIVELY "WEBSITE AND RELATED SERVICES") ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BURKHARDT JONES DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT REGARDING OR RELATING IN ANY WAY TO THE WEBSITE AND RELATED SERVICES. Burkhardt Jones DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE, OR ANY OTHER WEBSITE AND RELATED SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND RELATED SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BURKHARDT JONES DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE WEBSITE AND RELATED SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE AND RELATED SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BURKHARDT JONES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
All of the information in the Website and Related Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the website or is otherwise transmitted or communicated to you, and Burkhardt Jones does not undertake any obligation to update such information after it is posted or communicated to you, or to remove such information from this website if it is not, or is no longer accurate or complete.
ADDITIONAL TERMS, DISCLAIMERS, AND WARRANTIES MAY BE SET FORTH AT VARIOUS WEBSITE PAGES IN RELATION TO THE CONTENT OR PRODUCTS AND SERVICES OFFERED ON OR IN RELATION TO THOSE PAGES OF THE WEBSITE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION ON LIABILITY
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, Burkhardt Jones, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE AND PRODUCT PROVIDERS, AND CONTENT PROVIDERS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OWNERS, MEMBERS, SHAREHOLDERS, AND DIRECTORS (THE "Burkhardt Jones ENTITIES") 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, REGARDING OR RELATING IN ANY WAY TO THE WEBSITE AND RELATED SERVICES, EVEN IF THE Burkhardt Jones ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE AND AGGREGATE LIABILITY OF THE BURKHARDT JONES ENTITIES REGARDING OR RELATING IN ANY WAY TO THE WEBSITE AND RELATED SERVICES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW IF A TOTAL DISCLAIMER OF ALL LIABILITY IS NOT ALLOWED.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF BURKHARDT JONES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. TERMINATION OR RESTRICTION OF ACCESS
Burkhardt Jones reserves the right, in its sole discretion, to terminate your access to the website or any portion thereof and the related services or any portion thereof at any time, without notice.
You will defend, indemnify, and hold the Burkhardt Jones Entities harmless from any breach of this Agreement by you, including without limitation any use of the Website and Related Services other than as expressly authorized in this Agreement and any claim or damage of any type regarding or relating to your Feedback, such indemnification including without limitation any and all resulting loss, damages, judgments, awards, costs, fines, expenses, and attorney's fees (including without limitation for the cost of defense) (collectively “Losses”) of the Burkhardt Jones Entities in connection therewith. You will also indemnify and hold the Burkhardt Jones Entities harmless from and against any claims brought by third parties arising out of your use of the website, the Content, or other Website and Related Services, such indemnification including without limitation all resulting Losses, except to the extent such claims and Losses are due to the negligent or willful acts of the Burkhardt Jones Entities.
11. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Burkhardt Jones or the party that provided the trademarks, services marks, logos, and copyrighted works to Burkhardt Jones. Burkhardt Jones and any party that provided trademarks, service marks, logos, and copyrighted works to Burkhardt Jones retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.
All Content of the Burkhardt Jones website that is owned by Burkhardt Jones is: Copyright © 2022 Burkhardt Jones, LLC, all rights reserved, unless otherwise noted.
Burkhardt Jones may use and disclose your information in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other website visitors, or anyone else. We may disclose your information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend Burkhardt Jones 's legal rights, to protect your vital interests or those of any other third party, and when Burkhardt Jones otherwise believes in good faith that any applicable law requires it.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE BURKHARDT JONES ENTITIES FROM ANY CLAIMS RESULTING FROM ANY OF THE AFOREMENTIONED ACTIONS TAKEN BY THE Burkhardt Jones ENTITIES.
The laws of the State of New York shall apply to this Agreement, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to this Agreement. Any controversy or claim arising out of or relating to this Agreement or your use of the Website and Related Services, including without limitation the Content, or the purchase of any good or service (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in New York. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of New York. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Burkhardt Jones, Burkhardt Jones may seek injunctive or other relief, including without limitation a suit for money damages, in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Burkhardt Jones 's or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of New York with respect to any such injunctive or other relief. You further acknowledge that Burkhardt Jones’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the arbitrator or, where an action in court is allowed as stated in this Section of the Agreement, court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and will not affect the validity and enforceability of any remaining provisions.
Burkhardt Jones may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this agreement shall inure and be binding upon any party's permitted successors and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Burkhardt Jones as a result of this agreement or use of Burkhardt Jones's website or any Website and Related Services, or the purchase of any good or service.
This Agreement, along with the additional terms and conditions referenced herein, constitutes the entire agreement among the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Burkhardt Jones with respect to the subject matter of this Agreement. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
The failure by Burkhardt Jones at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver and will apply solely to the instance to which such waiver is directed.
This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Last Modified: April 15, 2022