Updated November 10, 2022

Burton.com's Terms of Use

Welcome to burton.com (the "Site”). The Burton Corporation d/b/a Burton Snowboards provides its services to you subject to the following terms and conditions. ("Terms and Conditions" or "Agreement") Please read the following terms and conditions carefully before using our Site. If you do not agree to these terms and conditions, please do not use our Site. By using or accessing the Site or services, you signify that you have read, understand and agree to be bound by these Terms of Use.


Electronic Communications

When you visit burton.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


Children Under the Age of 18

Burton does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at burton.com only with involvement of a parent or guardian. Burton and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.


The Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to the Site should be sent to [email protected]. We suggest that you consult your legal advisor before filing a notice because there may be penalties for false claims.


Intellectual Property

All intellectual property on the Site (except for user generated content) is owned by Burton or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Burton name and the Process logo) are owned, registered and/or licensed by Burton. All content on the Site (except for user generated content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Burton; All rights reserved.


Indemnification

You agree to indemnify, defend, and hold harmless Burton, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms of Use, any law or the rights of any third party.


Third Party Links

Burton may link to third-party sites. Burton has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.


Risk of Loss

All items purchased from Burton are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


Product Descriptions

Burton attempts to be as accurate as possible. However, Burton does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Burton itself is not as described, your sole remedy is to return it in a new, unused condition.


Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Site.


Gift Cards

Redemption
Gift cards are issued by The Burton Corporation and are redeemable solely for merchandise at Burton Stores, Burton Outlet Stores, and at www.burton.com. Gift cards can only be redeemed in the currency in which they are purchased/issued. Gift cards may not be used to purchase gift cards. Burton is not responsible for lost or stolen cards, for funds used without your knowledge, or other unauthorized use. Lost, stolen, or damaged gift cards will not be canceled or replaced to extend remaining card balance without the original proof of purchase, or as required by law.

Gift cards are not returnable and not redeemable for cash or credit. If the value of your gift card is greater than the amount of your total purchase, you will be able to use the remaining gift card balance for future purchases, subject to these terms and conditions. Cash will not be refunded for remaining balances. If the value of your gift card is less than the amount of your total purchase, you must provide an additional payment method in order to complete your purchase.

For balance inquiries and to obtain information about gift cards, please visit www.Burton.com/giftcards, call 1-800-881-3138, or inquire at any Burton Store.

Gift cards do not expire, and there are no fees associated with any gift cards.

Terms
These Gift Card Terms and Conditions apply to all digital and physical gift cards purchased, obtained, redeemed, or used in the United States and Canada.  Purchase or use of any gift card means you accept these terms and conditions. Any portion of these Gift Card Terms and Conditions deemed unenforceable shall be severable and the remaining terms enforced. Information that you provide when purchasing gift cards is subject to Burton’s Terms and Conditions and  Privacy Policy. Burton may provide gift card purchasers with information about the redemption status of gift cards.

We are not responsible for electronic gift cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her gift card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.

Limitation of Liability
GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN BURTON’S TERMS OF USE AND TO THE FULLEST EXTENT PERMITTED BY LAW, BURTON MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BURTON DOES NOT REPRESENT OR WARRANT THAT A GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BURTON AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT BURTON IS FOUND LIABLE TO YOU, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.

Burton reserves the right to make changes to these Gift Card Terms and Conditions, at any time without notice, from time to time at its sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that term and condition shall be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.

For questions regarding gift cards, please contact our Burton Guides at 1-800-881-3138.


Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY BURTON ON AN "AS IS" AND "AS AVAILABLE" BASIS. BURTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BURTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BURTON DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BURTON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BURTON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


Miscellaneous

You agree that this Site shall be deemed a passive website solely based in Vermont, USA, which does not give rise to personal jurisdiction over Burton in jurisdictions other than Vermont. You agree that this Site, Terms of Use, Privacy Policy and any dispute between you and Burton shall be governed in all respects by Vermont law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Burton products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Chittenden County, Vermont. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Chittenden County, Vermont. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Burton products) must be commenced within one (1) year after the claim or cause of action arises. By using the Site, you agree to receive certain electronic communications from Burton. You agree that any notice, agreement, disclosure or other communication that Burton sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Burton’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Burton may assign its rights and duties under these Terms of Use to any party at any time without notice to you.


Termination

Burton reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. Burton also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, Miscellaneous, and terms that by their nature may survive termination shall survive any termination.


Idea Submission Policy

We at Burton Snowboards are pleased to hear from our loyal fans and welcome their comments regarding our products and services. Unfortunately, however, our company policy does not allow Burton, or any of its subsidiary companies, to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.


It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send any unsolicited original creative materials such as ideas, concepts, or artwork. While we do value their feedback on our services and products, we request that they be specific in their comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).


If, through participation in certain activities, they send any material (e.g., postings to message boards, contests, etc.) or, despite our policy, they send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.