TERMS AND CONDITIONS AND PRIVACY POLICY (TACAPP)

1. Introduction

These Standard Terms and Conditions and Privacy Policy written on this webpage shall manage your use of this website and our products and service. These Terms will be applied fully and affect your use of this Website and relationship with Burrows Construction and the services we provide. By using this Website, you agreed to accept all terms and conditions including the privacy policy written here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions and Privacy Policy.

Summary of terms

Browser?Used to locate and display Web pages via a software application. The most popular ones are Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Internet Explorer.

IP? (Internet Protocol) All networks connected to the internet speak IP, the technical standard that allows data to be transmitted between two devices. TCP/IP (Transmission Control Protocol/Internet Protocol) is responsible for making sure messages get from one host to another and that the messages are understood.

IP address? If you are connected to the Internet you have one, for example, it may look something like this 192.168.0.1.

Web Server? Delivers (serves up) web pages to your computer.

Cookie? This is a file created by the web browser on the user's PC in response to a message sent from a web server. Each time the web browser subsequently requests a page from the web server, this message is sent back. We only use cookies to maintain the integrity of sessions. We do not use cookies to collect or store personal information such as your name or e-mail address.

Digitally or Digital? By means of digital or computer technology. Documented messages, correspondence, PDF files, and quote/proposals will be sent and delivered through computer technology.

Service? Work performed that is done for clients as it pertains to the business.

Statement of Work? The narrative description of a project's work requirement defining project-specific activities, deliverables, and timelines.

Quote/Proposal? A Quote/Proposal is a formal offer to the client. A Quote/Proposal is a reply to a request for product, price, and availabilityfor a solution or requirement. The Quote/Proposal must be approved by both parties before any work begins.

2. Intellectual Property Rights

Other than the content you own, under these Terms, Burrows Construction and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted a limited license only for purposes of viewing the material contained on this Website.

3. Confidential Information

Each party anticipates that it may be necessary to provide access to information of a confidential nature of such party, the Affiliates, or a third party (hereinafter referred to as "Confidential Information") to the other party in the performance of this Agreement and any Statement of Work. "Confidential Information" means any information or data in oral, electronic, or written form which the receiving party knows or has reason to know is proprietary or confidential and which is disclosed by a party in connection with this Agreement or which the receiving party may have access to in connection with this Agreement, including but not limited to the terms and conditions of each Statement of Work. Confidential Information will not include information which: (a) becomes known to the public through no act of the receiving party; (b) was known to the receiving party, or becomes known to the receiving party from a third party having the right to disclose it and having no obligation of confidentiality to the disclosing party with respect to the applicable information; or (c) is independently developed by agents, employees or subcontractors of the receiving party who have not had access to such information. To the extent practicable, Confidential Information should be clearly identified or labeled as such by the disclosing party at the time of disclosure or as promptly thereafter as possible, however, failure to so identify or label such Confidential Information will not be evidence that such information is not confidential or protectable. Each party agrees to hold the other party's Confidential Information confidential for a period of three (3) years following the date of disclosure and to do so in a manner at least as protective as it holds its own Confidential Information of like kind but to use no less than a reasonable degree of care. Disclosures of the other party's Confidential Information will be restricted (i) to those individuals who are participating in the performance of this Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes of providing or receiving the Products or Services or otherwise in connection with this Agreement or the applicable Statement of Work, or (ii) to its business, legal and financial advisors, each on a confidential basis. Each party agrees not to use any Confidential Information of the other party for any purpose other than the business purposes contemplated by this Agreement and the applicable Statement of Work. Upon the written request of a party, the other party will either return or certify the destruction of the Confidential Information of the other party. If a receiving party is required by law, rule or regulation, or requested in any judicial or administrative proceeding or by any governmental or regulatory authority, to disclose Confidential Information of the other party, the receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek an appropriate protective order or similar protective measure.

4. Privacy Policy

Burrows Construction receives personal information through this website. You may, for example, be asked for personal information if you want to take advantage of specific services that we offer, such as online ordering, contracting for service, or subscription to our opt-in eMail.

In any case, where you provide personal information, we will only use it to deliver the services you have requested.

This privacy policy only covers the Burrows Construction Website.

What information do we collect?

• We collect information from you when you register on the site, place an order, enter an agreement for service, a contest, or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
• When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information, or other information. You may, however, visit our site anonymously.
• We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
• Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

How do we use your information?
We may use the information we collect from you when you register, purchase products, enter an agreement for service, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To administer a contest, promotion, survey, or other site feature.
• If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us" section below. If you have not opted-in to receive email newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
  
  How do we protect visitor information?
  We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
  
  Do we use "cookies"?
  Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
  
  We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
  
  You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
  
  Do we disclose the information we collect to outside parties?
  We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include The Gourmet Rooster. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or other's rights, property, or safety.
  
  However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. How can you opt-out, remove or modify the information you have provided to us? To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record-keeping.
  
  Third-party links
  In an attempt to provide you with increased value, we may include third-party links on our site. These linked sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
  
  Photographs Photos of our services to participants, jobs, work performed, and activity may be used on or for the website, social media, marketing, or promotional effort.
  
  Changes to our policy
  If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on July 22, 2021.
  
  Questions and feedback
  We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
  
  Online Policy Only
  This online privacy policy applies only to information collected through our website and not to information collected offline. By using our site, you consent to our privacy policy.

This policy does not cover links within this site to other websites. We do use cookies to maintain the integrity of sessions.

5. Restrictions

You are specifically restricted from all of the following:

• selling, sublicensing, and/or otherwise commercializing any of our Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Burrows Construction may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

6. Payment

You are responsible for the fees and charges described and explained as "Services" and "Statement of Work" on the "Quote/Proposal" which will be sent to you and agreed upon digitally. Invoice(s) are generated and sent to you digitally and Paid on the Effective Date(s) (Fees). You may choose to purchase products that were not included in the agreed Services and Statement of Work but which are offered for sale by other parties through Burrows Construction ("Third-Party Products"). Third-Party Products may be billed separately. You are responsible for all taxes and fees associated with the Products, Services, and Statement of Work which we are legally required or permitted to collect from you. You are not responsible for taxes based on our income. You will provide us with a current credit card, (Vise, M/C, Amex or Discover Card) we will bill all charges authorized by the Transaction Authorization Code to that credit card. We reserve the right to bill you for fees charged to us by our credit card processor. Our obligation to provide the Service and Work is contingent on your payment of the Fees by the Due Date, as defined. You must pay the Fees without set-off or deduction. It is your responsibility to ensure that we receive payment of the Fees. Should the Service be suspended, for any reason, Fees may continue to accrue. Unless otherwise set out on your Quote/Proposal and Invoice, you agree to pay all charges by the due date indicated on the invoice ("Due Date"). If you find an error or unacceptable performance of work as noted in the Quote/Proposal, we must receive notification of this prior to the Invoice Due Date. Your notice must contain enough information for us to investigate your claim. We will have no more than two days from the Due Date to investigate your claim. If we find that your claim is valid, we will correct the service and statement of work as agreed to on the Quote/Proposal or remove the disputed amount from the Fees on your next invoice or refund the disputed amount directly. If we find that the dispute is invalid, we will provide you with a written explanation of our decision. If you disagree with this decision, you may pursue your remedies as set out in this TACAPP. You must pay any Fees not in dispute when they are due. If you initiate a chargeback rather than following these provisions, your account will be suspended. In the event the bank finds your chargeback void, you will pay us interest on payments made on all related items for services and statement of work following the Due Date at the rate of 1% per month or the maximum rate allowable by law. You may be assessed a processing fee on late payments if we incur administrative and/or legal costs associated with your late payment. This fee is $25 per invoice or the maximum rate allowable by law. Should you fail to pay the Fees when due and the Services terminated, you may also be billed for the costs of the removal and storage of equipment and supplies for services placed in our facility and any costs associated with restoring our equipment for use for a new customer. In the event, your equipment or supplies are placed in our care, if that amount, less any amounts past due, exceeds the value of your equipment and supplies, we may sell your equipment and supplies to satisfy your outstanding balance due.

Changes in client input or direction or excessive changes or expanded services will generate a Quote/Proposal Form and agreed to digitally, invoiced, and paid on the due date. Any service you wish Burrows Construction to take on, which is not specified and approved of on prior Quote/Proposal Forms will be considered an additional service. Both parties shall agree to any additional fees to be paid for such services, Invoiced, and paid on the due date prior to performance of those services.

In case of collection proves necessary, the client agrees to pay all fees incurred by that process. Regardless of the place of approving of this agreement, you agree that for purposes of venue, this contract was entered into in Reno, Nevada, and any dispute will be litigated or arbitrated in Reno, Nevada.

7. Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images, or other material you choose to release to us or display on this Website. By releasing to us or displaying Your Content, you grant Burrows Construction a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party's rights. Burrows Construction reserves the right to remove any of Your Content from this Website at any time without notice.

8. No warranties

This Website is provided "as is," with all faults, and Burrows Construction expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

9. Limitation of liability

In no event shall Burrows Construction, nor any of its officers, directors, and employees shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Burrows Construction, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website.

10. Indemnification

You hereby indemnify to the fullest extent Burrows Construction from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.

11. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

12. Variation of Terms

Burrows Construction is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

13. Assignment

Burrows Construction is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

14. Entire Agreement

These Terms constitute the entire agreement between Burrows Construction and you in relation to your use of this Website and supersede all prior agreements and understandings.

15. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Nevada, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Nevada for the resolution of any disputes.

Quality Work - Honest Service - Great Value

Working in Northern California and Nevada area Since 2010.

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