These Terms of Use must be agreed to by any visitor to the websites of Burnsville Offroad and/or its affiliated entities.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD LEAVE THE WEBSITE IMMEDIATELY. BY CONTINUING TO USE OR VISIT THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms of Use may be modified periodically. The date of the most recent revision is displayed above. By using this website you agree to visit the Terms of Use periodically and to review any changes that have been made.
You agree that by using this website you do not obtain ownership rights in any of the website’s text, design, code, graphics, images or any other aspect of its content. You acknowledge ‘Burnsville Offroad’ intellectual property rights in the same and agree not to copy or reproduce any component of the website in any medium (or use any framing techniques to display any aspect of the website) without the advance, written permission of Burnsville Offroad and any slogans are state, federal, and/or common law trademarks of Burnsville Offroad Inc.. Other marks used on the website may be the property of other companies. Your limited license to use the website is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the website.
Burnsville Offroad Inc. has created commissioned or licensed all aspects of this website and possesses copyright, trademark and/or other intellectual property rights in the website and its contents. You are given a limited license to use the website in accordance with these Terms of Use. Any unauthorized use is strictly prohibited.
If you believe that any aspect of this website infringes on your intellectual property in any way, please notify us immediately at: Burnsville Offroad Inc., Attn: Director of Marketing, 2820 South Zuni Street, Englewood, Colorado 80110
You agree not to attempt to gain unauthorized access to any portion of the website or to circumvent any of the website’s security features. You further agree not to take any actions that would interfere with the website’s operations or the operations of its affiliated networks.
You agree to keep confidential your password for accessing the website and agree to notify Burnsville Offroad Inc. if your account has been compromised. You remain liable for any purchases made using your account, regardless of whether such notice is provided.
If Burnsville Offroad Inc. believes you have violated these Terms of Use, it may disclose information it has gathered about you if such disclosure will aid in an investigation or complaint related to your use of the website. Burnsville Offroad Inc. may also disclose your personal information if necessary to prevent injury to or interference with the website based on your actions or the actions of a third party.
You agree that you are at least 13 years of age and that, if you are under 18 years of age, you have been given permission by a parent or guardian to access the website.
This website is designed for use by adults residing in the United States. If you access this website from outside the United States, you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States.
You may not use the website to break any law. If your actions using the website cause harm to Burnsville Offroad Inc. or any third party, you hereby agree to indemnify Burnsville Offroad Inc., its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.
You agree that you have read the Privacy Policy and Purchase Terms and Conditions, both of which are incorporated herein by reference. For our procedures related to the purchase, return, or exchange of products that may be purchased through this website, please review our Purchase Terms and Conditions.
You are under no obligation to use this website or to create a Profile. However, if you voluntarily choose to do so, you agree to be responsible for any purchases made through your account and to be liable for any harm caused by anyone logging in under your profile.
If you ever upload any material to the website or post any comments on the website, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, and will not defame anyone. Burnsville Offroad Inc. has the right, but not the obligation, to review and/or remove any user posted material.
Any ideas or suggestions you submit through the website will be deemed non-proprietary and will become the property of Burnsville Offroad Inc. with no compensation of any kind due to you for any use by Burnsville Offroad Inc. including, without limitation, the reposting or display of such commentary. By submitting information to Burnsville Offroad Inc. and/or its affiliates, you acknowledge that Burnsville Offroad Inc. may use that information for commercial and non-commercial purposes and you represent and warrant that you have the ability to lawfully grant Burnsville Offroad Inc. all rights in your submission.
You represent and warrant that you have the necessary rights to upload or post the content you submit to the website and indemnify Burnsville Offroad Inc. and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on Burnsville Offroad Inc.’ use of the content or idea.
If you create a Profile or upload or post any content to the website, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the website shall be accurate.
By using this website, you agree that we may communicate with you electronically via the email address you provide when you register and that such communications are legally sufficient for any notice we may need to provide to you. You agree to maintain your Profile and keep a current email address on file.
You acknowledge that placing an item in your shopping cart does not lock in the price on that item. While Burnsville Offroad Inc. strives to maintain the website such that your shopping cart is preserved for future visits, Burnsville Offroad Inc. cannot offer a guarantee in this regard.
Burnsville Offroad Inc. is not responsible for any websites owned by third parties which may be linked to this website You agree that Burnsville Offroad Inc. has no obligation to allow you to use the website and that your access may be denied at any time for any reason.
These Terms of Use constitute the entire agreement between you and Burnsville Offroad Inc. with regard to your use of this website (except for the Privacy Policy and Purchase Terms and Conditions) and supersedes any and all other prior written or oral agreements or understandings between you and Burnsville Offroad Inc.. Burnsville Offroad Inc.’ failure to insist on strict compliance with any of these Terms and Conditions is not a waiver of such terms and you agree that such failure shall not inhibit Burnsville Offroad Inc.’ right to enforce such terms in the future based on laches, estoppel or any other legal doctrine. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Your use of this website is at your own risk. Neither Burnsville Offroad Inc. nor its affiliates offers any representations as to the completeness, timeliness, or accuracy of this website (including, but not limited to product descriptions or pricing) or representations to the percentage or length of time the website will be available for public access. Burnsville Offroad Inc. has no duty to update or maintain this website. We assume no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.
BURNSVILLE OFFROAD INC. DISCLAIMS ANY AND ALL LIABILITY FOR THIS WEBSITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BURNSVILLE OFFROAD INC. DOES NOT REPRESENT THAT YOUR USE OF THE SITE WILL BE WITHOUT PROBLEMS OR WILL BE UNITERRRUPTED.
Under no circumstances will Burnsville Offroad Inc., its employees, officers, directors, agents, affiliates, shareholders, parent companies, successors, assigns, vendors, or partners be liable to any party for any indirect, punitive, EXEMPLARY or consequential damages (including but not limited to lost profits, lost data, or interruption of business activities) whether or not notice of the possibility of such damages has been provided, and whether the claim or action is based on contract, warranty, tort, or any other legal theory.
THE TOTAL LIABILITY OF BURNSVILLE OFFROAD INC. AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO THIS WEBSITE SHALL NOT EXCEED $1,000.
THIS disclaimer applies to any damages, liability or injuries INCLUDING BUT NOT LIMITED TO THOSE caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
In the event that you violate these Terms of Use, you agree that Burnsville Offroad Inc. will be subjected to irreparable harm and is entitled to injunctive relief without the posting of a bond. This remedy is in addition to any other remedy in law or equity. If Burnsville Offroad Inc. does take legal action against you, you agree to pay all attorneys fees and costs of such action.
These Terms of Use and any disputes related thereto shall be governed by the laws of the State of Colorado and you consent to the state and federal courts of Colorado as the exclusive venues for resolving any conflicts related to these Terms of Use, without regard to Colorado’s choice of law provisions. You further consent to personal jurisdiction in the state and federal courts of Colorado and waive any objections related to jurisdiction, venue, and forum non conveniens.
If any of aspect of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

All orders are shipped by standard UPS unless otherwise specified. Our shopping cart will calculate the shipping charge for your order. If you have a question, please call us at 303-974-2440 during our business hours
(Monday – Friday, 8:30 am – 5:00 pm CST).

International Shipping

Please call for shipping and pricing options for countries outside of the United States of America.

Damage

In the event of shipping damage, please, notify us immediately by calling us at 303-974-2440

Return Policy

Our satisfaction guarantee
If you find that you are dissatisfied with anything purchased from Burnsville Offroad Inc. it may be returned within 10 days—in unused condition—for your choice of an exchange or a full refund (less shipping charges). Refunds will be made via the credit card used to purchase the item(s) with return shipping charges deducted from your refund. All returns must be accompanied by proof of purchase and the original tags they shipped with. Please return the item(s) within 10 days of receipt of purchase. All products must be returned in their original packaging. Ship all items well-packed and insured. We cannot refund or credit items that have been damaged in return shipping because of poor packing. Clearance Merchandise, all sales are final.

Restocking Fee

Our customer s will not be charged a restocking fee.

Return Shipping Tips

• Insure your shipment for the full cost of the product.
• Please, use the original packaging for your return shipment.
• Please, mark the box with the RMA number provided by a Burnsville Offroad Inc.’ customer service representative.

The information you provide to the Burnsville Offroad Inc. web site covered by this Policy is protected in transit by using a network protocol called Secure Sockets Layer (SSL). SSL is the industry standard technology for secure online transactions. A simple way to know your transmission is protected is by referencing the URL. If it starts with https:// you can be assured that it is using SSL. Transactions are processed only from secure browsers. These browsers encrypt the information sent using SSL, which scrambles the data to make it extremely difficult for anyone who intercepts the information to read it.

Safeguarding Information

To minimize the risk of loss and/or additional expenses that could occur from compromised cardholder information, Burnsville Offroad Inc. will not retain any of the following information electronically:

• Credit Card number
• Credit Card expiration date
• PIN number
• CVV number
• CVV2 number

The protection of your personal information is important to Burnsville Offroad Inc., and as a result, we do not accept payment via email.
The Burnsville Offroad Inc. Privacy Policy and Terms of Use are incorporated herein by reference.

These Purchase Terms and Conditions govern all purchases that you make from Burnsville Offroad Inc. and its affiliates, including purchases made via this website. By purchasing any items from Burnsville Offroad Inc. or its affiliates, you agree that the purchase is governed by these Terms and Conditions.
These Purchase Terms and Conditions may be altered by Burnsville Offroad Inc. in its sole discretion. The date of the most recent revision is October,19, 2009. You may not alter or supplement these Terms and Conditions without a written agreement signed by an authorized representative of Burnsville Offroad Inc..
Item prices and conditions related to shipping and handling are subject to change at any time without notice. Burnsville Offroad Inc. does not warrant the completeness of accuracy of the information provided on this website and is not responsible for any typographical errors. Burnsville Offroad Inc. may run out of stock of some items featured on our website. If we cannot ship you an item that you have ordered, your purchase price will be refunded. All products are offered on an as available basis.
Your submission of an order is an offer to purchase an item or items in accordance with these Purchase Terms and Conditions and is based on the prices and terms accompanying the order. Burnsville Offroad Inc. may accept your offer in the form of a confirmation email or by shipping the items requested.
These Purchase Terms and Conditions incorporate by reference Burnsville Offroad Inc.’ Privacy Policy and website Terms of Use.
You agree that any transactions you enter into electronically shall be legally binding as if they were done in person and accompanied by a physical signature. You acknowledge and agree that placement of an order electronically indicates your intent to pay for all items purchased and any related charges such as shipping and handling.
Burnsville Offroad Inc. may, but is not required, to notify you from time to time regarding things like product updates. You agree that an email to the email address we have on file shall be deemed sufficient for any such notice. All notices shall be effective immediately.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, BURNSVILLE OFFROAD INC. DISCLAIMS ANY AND ALL LIABILITY FOR ANY ITEMS YOU PURCHASE VIA THIS WEBSITE. THE ITEMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Under no circumstances will Burnsville Offroad Inc., its employees, officers, directors, agents, affiliates, shareholders, parent companies, successors, assigns, vendors, or partners be liable to any party for any indirect, punitive, EXEMPLARY or consequential damages (including but not limited to lost profits) whether or not notice of the possibility of such damages has been provided, and whether the claim or action is based on contract, warranty, tort, or any other legal theory.
THE TOTAL LIABILITY OF BURNSVILLE OFFROAD INC. AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO ANY PURCHASE SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE.
In the event that you violate these Purchase Terms and Conditions, you agree that if Burnsville Offroad Inc. takes legal action to enforce these Purchase Terms and Conditions, you agree to pay all attorneys fees and costs of such action.
These Purchase Terms and Conditions and any disputes related thereto shall be governed by the laws of the State of Colorado and you consent to the state and federal courts of Colorado as the exclusive venues for resolving any conflicts related to these Terms of Use, without regard to Colorado’s choice of law provisions. You further consent to personal jurisdiction in the state and federal courts of Colorado and waive any objections related to jurisdiction, venue, and forum non conveniens
If any of aspect of these Purchase Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

The Burnsville Offroad Inc. Website Privacy Policy regulates the collection, use and disclosure of information collected on the websites of Burnsville Offroad Inc. and its subsidiary companies.
Burnsville Offroad Inc. collects information to better serve its customers. When we have a better picture of how customers are using our website, we can improve the website to create a superior shopping experience. We gather some information in the aggregate (such as how many people visit certain areas of the website and for how long) and some information that is personally identifiable (such as a list of preferences that you might create via the website after creating an account and logging in).
Of course, we also need to collect information such as your address and credit card number in order to process and ship the items you buy.
With the exception of credit card information, much of the information we collect is stored in your Profile which you may view at any time. If you discover that any information in your Profile is inaccurate, please let us know and we will update the information. If you wish to access other personally identifiable information that Burnsville Offroad Inc. has stored about you, please contact us via USPS mail to: Burnsville Offroad Inc., Attn: Customer Care, 2820 South Zuni, Suite 100, Englewood, Colorado 80110
Please note that Burnsville Offroad Inc. cannot be responsible for the actions of third parties who may attempt to capture your information when you transmit it to us. While we provide for secure, encrypted transactions, your internet connection could be compromised before we receive the data. You can help us keep your information safe by taking precautions such as changing your password periodically and logging out of our website when you leave your computer unattended.
We take numerous steps to safeguard your personal information, but we cannot guarantee that your information will never be disclosed in a manner inconsistent with this Privacy Policy. Therefore, you hereby release us from any and all claims related to the use of intercepted information or information which is obtained in an unauthorized manner.
Our websites will occasionally have links to other websites outside the Burnsville Offroad Inc. family. We are not responsible for the contents of those websites and have no control over what information they may or may not collect from you.
We will use your email address and other information to contact you about promotions and products you may be interested in. If you do not wish to receive such communications, you may update your preferences in your Profile.
We will not sell or rent your information to other marketers. This information would only be disclosed to a third party (other than as described herein) if that party purchased all of the assets of Burnsville Offroad Inc.
We do share information among the companies in the Burnsville Offroad Inc. corporate family and with certain vendors who provide services to our customers. As examples, an overnight delivery service can’t deliver your new purchase if we don’t provide them your address and a third-party processor cannot bill your credit card without the number.
We may disclose your personal information when required to do so by a government agency or a court of law, or when relevant to bringing or defending a legal claim. We may also disclose the information to prevent fraud or enforce the terms of your contracts with Burnsville Offroad Inc., including our Terms of Use and Purchase Terms and Conditions (incorporated herein by reference).
We do not knowingly collect any personal information from visitors under the age of 13. If you are a parent and you discover that your child under the age of 13 provided personal information to us, please let us know and we will delete that information from our files.
Our websites use a variety of technologies to gather information. Along with most other e-commerce websites, we use “cookies” to remember you when you visit the website. Cookies are small pieces of text or data files, stored by your web browser or computer, that contain settings, shopping cart data, user settings, and other information that aids in your shopping and viewing experience on our website. Although most browsers allow you to reject cookies, our shopping cart will not function properly without cookies being activated.
We may also use other technologies to better understand the website’s traffic patterns. This information may include a user’s Internet Protocol (IP) address, referring/exit pages, operating system, clickstream data, date and time stamp, and browser type. Most of this information is not linked to any individual user.
This Privacy Policy is subject to change. The date of the most recent update can be found at the top of the document.
By using this website you agree to the terms of this Privacy Policy. If you do not agree to these terms, you are prohibited from using this website. You acknowledge that the Privacy Policy is subject to modification and that your continued use of the site constitutes agreement with the then-current terms of the Privacy Policy.
This Privacy Policy and any disputes related thereto shall be governed by the laws of the State of Colorado and you consent to the state and federal courts of Colorado as the exclusive venues for resolving any conflicts related to this Privacy Policy, without regard to Colorado’s choice of law provisions. You agree that any damages resulting from any breach of this Privacy Policy shall be limited to the total value of all goods you have purchased via this website.
If you have any questions about this Privacy Policy, please contact: Burnsville Offroad Inc., Attn: Privacy Contact, 2820 South Zuni Street, Suite 100, Englewood, Colorado 80110.

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United States of America and other countries. The brand names and specific services of this Company featured on this web site are trademarked.

ASSUMPTION OF RISK, INDEMNITY AND RELEASE

A.    Customer’s Acknowledgments.
Customer understands and acknowledges that products purchased from Burnsville Offroad, Inc.™ (“Burnsville”) are designed to protect against certain types of property damage from minor impacts, but are not designed as a crash safety device, or as an impact resistant product designed for the protection of occupants, but instead are cosmetic enhancements to assist in protecting against minor impact damage with certain stationary obstacles.  As a result, Customer also understands and acknowledges that the installation of Burnsville products on a Vehicle and the voluntary use of that Vehicle for off-road activities (each, hereinafter, and “an Off-Road Activity”) is inherently dangerous and hazardous and can result in damage to the Vehicle, to others, to the property of others and in the serious bodily injury or death to Customer or others.

B.    Use in an Off-Road Activity.
By accepting a Burnsville product and using such product in any Off-Road Activity, Customer accepts and agrees to all of the terms described below (the “Release”); provided that Customer may in lieu of accepting the terms of this Release and prior to installation, elect to return any Burnsville product and receive a full refund.  Such return may be initiated by contacting a Burnsville sales representative or by directly contacting Burnsville at (303) 974-2444 or at www.burnsvilleoffroad.com for the issuance of a call tag for the product in question.  Once the product being returned has been received by Burnsville in good condition, a full refund will be issued.

C.    Customer Agreements.

1.    Assumption of Risk and Release.  Customer assumes all risk and responsibility of engaging in an Off-Road Activity which is acknowledged as being inherently dangerous.  Customer understands that persons participating in an Off-Road Activity must possess specialized knowledge and skills, and in voluntarily deciding to do so, Customer assumes all risks inherent therein which may be encountered at any time in connection with an Off-Road Activity.  With full knowledge of the above and all risks inherent therein, Customer and others who may voluntarily choose to engage in an Off-Road Activity accepts full responsibility for and assumes all risks associated with engaging in an Off-Road Activity, whether known, unknown, or inherent, and acknowledge and agree that such persons are assuming all responsibility for any and all consequences resulting from the participation in an Off-Road Activity, including, but not limited to, injury and/or death to Customer or others and damage to the Vehicle and other property.  Customer and each other participant in any Off-Road Activity hereby release, and forever discharge and shall hold harmless each other and Burnsville, including all of their respective predecessors, affiliates, successors, assigns, partners, venturers, principals, officers, directors, managers, shareholders, attorneys and agents and their respective insurance carriers (the “Released Parties”) and hereby release and forever discharge, indemnify and hold harmless the Released Parties, and any and all persons claiming under them, however involved, of and from any and all liability for any and all claims, demands, damages and costs, liabilities, losses, expenses, obligations, compensations, reimbursements, actions, rights, loss of profits, and rights and causes of action, of every kind and nature whatsoever, including court costs and attorney fees, whether known or unknown, which Customer and any other participant may now have, or claim at any future time to have, arising from or growing out of, or by reason of, or based in whole or in part upon, any act, omission, event, transaction, matter or thing involved, alleged or referred to, whether direct or indirect, involving an Off-Road Activity.
2.    Release of Unknown Claims.  Customer and any other participant fully realize that in participating in an Off-Road Activity they may sustain unknown and unforeseen losses, costs, expenses, damages, liabilities, and claims, and the consequences thereof, which may be at this time, and hereafter unknown, unrecognized and not contemplated by them.  By participating in an Off-Road Activity, Customer and any other participant intend to release the Released Parties from any and all liability for any and all such unknown and unforeseen losses, expenses, damages, costs, liabilities, and the consequences thereof, not known, recognized nor contemplated at any time by them, which result or may result from an Off-Road Activity.  Customer and any other participant expressly and forever waive any right to assert that this Release was the result of a mistake of any kind, waiving all claims based upon the doctrine of mistake.
3.    Covenant Not to Sue.  Customer and any other participant specifically covenant and agree, each with the other, never to institute or participate in any suit or action, including class actions, at law or in equity, whether sounding in tort or contract, against the Released Parties and all persons claiming under them or any of them by reason of any claim, demand, action, or cause of action described in this Release.
4.    Miscellaneous Provisions.
A.    This Release shall be binding in all respects upon, and shall inure to the benefit of the Released Parties and their heirs, successors and assigns.
B.    This Release shall be governed by the laws of the State of Colorado, and the sole and exclusive jurisdiction for the determination of any controversy or claim arising out of the purchase of any Burnsville product shall be in the District Court of Arapahoe County, Colorado.
C.    In the event that a court of competent jurisdiction enters judgment declaring any material provision of this Release invalid or unenforceable, the remainder of this Release shall remain in full force and effect and such provision shall be limited or eliminated to the minimum extent necessary so that such invalid or unenforceable provision shall otherwise remain in force or effect.

D.    Neither Customer nor any other participant shall be entitled to any favorable construction of any provision of this Release because the Release was drafted by Burnsville or by an attorney for Burnsville.

E.    The acceptance of a Burnsville product constitutes Customer’s voluntary acceptance of this Release, Customer’s acknowledgement that no oral statements or inducements have been made and that full and adequate consideration has been received for this Release.